Chris White, 45, has become the latest victim in a trend in the United States (here) and England cracking down on citizens taking pictures in public. In White’s case, he was simply taking pictures of his daughter at a shopping center in Glasgow, Scotland when he was detained as a possible terrorist threat.
Continue reading “Toddler or Terrorist? Father Detained For Taking Picture of Daughter in Mall”
Category: Criminal law
Submitted by Gene Howington, Guest Blogger
How many of you know the difference between a right and a privilege? As most of the audience for Res Ipsa Loquitur have an interest in law and/or politics, I’m going to hazard the guess that most of you have at least a rudimentary understanding of the difference in terms although it is a deceptively complicated subject on a philosophical level. However, just so there is no mistake in fundamental terms, we’ll start with basic relevant definitions.
rights, n.,
1) plural of right, which is the collection of entitlements which a person may have and which are protected by the government and the courts or under an agreement (contract).
privileges and immunities, n.,
the fundamental rights that people enjoy in free governments, protected by the U.S. Constitution in Article IV: “The citizens of each state shall be entitled to all privileges and immunities in the several States,” and specifically to be protected against state action by the Constitution’s 14th Amendment (1868): “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” The definition of “privileges and immunities” was first spelled out by Supreme Court Justice Bushrod Washington in 1823: “protection by the government, with the right to acquire and possess property of every kind, and to pursue and obtain happiness and safety, subject, nevertheless, to such restraints as the government may prescribe for the general good of the whole.” However, the exact nature of privileges and immunities which the state governments could limit has long been in dispute, with the U.S. Supreme Court gradually tipping toward protecting the individual rights of citizens against state statutes that might impinge on constitutional rights. [emphasis added]
rights given or reserved to the people by the U.S. Constitution, and in particular, the Bill of Rights (first ten amendments). These rights include: writ of habeas corpus, no bill of attainder, no duties or taxes on transporting goods from one state to another (Article I, Section 9); jury trials (Article III, Section 1); freedom of religion, speech, press (which includes all media), assembly and petition (First Amendment); state militia to bear arms (Second Amendment); no quartering of troops in homes (Third Amendment); no unreasonable search and seizure (Fourth Amendment); major (“capital and infamous”) crimes require indictment, no double jeopardy (more than one prosecution) for the same crime, no self-incrimination, right to due process, right to just compensation for property taken by eminent domain (Fifth Amendment); in criminal law, right to a speedy trial, to confront witnesses against one, and to counsel (Sixth Amendment); trial by jury (Seventh Amendment); right to bail, no excessive fines, and no cruel and unusual punishments (Eighth Amendment); unenumerated rights are reserved to the people (Ninth Amendment); equal protection of the laws (14th Amendment); no racial bars to voting (15th Amendment); no sex bar to voting (19th Amendment); and no poll tax (24th Amendment). Constitutional interpretation has expanded and added nuances to these rights. [emphasis added]
Now what would you say if you knew that state senators were proposing legislation that would convert Freedom of Speech from a right to a privilege? This is not a theoretical question. Four state senators from New York are currently considering proposing such legislation. Fortunately, the 1st Amendment gives us the right to discuss what a bad and scary idea it is that they propose.
Submitted by Mark Esposito, Guest Blogger
Two California teens tipped police off to a cache of child pornography allegedly owned by 54-year-old Kraig Stockard. Nothing too novel about that, except that the teens learned of the illicit material after burgling Stockard’s barn. Breaking into the Dehli, California property was easy enough and the pair thought they were taking 50 blank CDs as part of the loot. When they got home to divvy up the booty, they noticed about 30 of the CDs had pornographic images, many of them of children. The two thieves, age 19 and 15, contacted Merced County Sheriff”s deputies and fessed up.
The Eighth Amendment clearly states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Bridgett Nickerson Boyd found a new meaning to that prohibition after Deputy Sheriff Mark Goad pulled her over on a Texas highway. After she had to go to the hospital with a racing heart, she was handcuffed and, she alleges, required to listen to Rush Limbaugh on the radio. By any measure, that would shock the conscience as cruel and unusual punishment.
Continue reading “Cruel and Unusual Punishment? Woman Sues Over Arrest and Being Forced To Listen To Rush Limbaugh”
I recently ran a couple of columns (here and here) and postings criticizing President Obama’s assertion of the right to kill citizens as a presidential prerogative. It now appears that he has delegated the selection of targets for killings to a panel of unnamed officials who determine which people should be killed without a trial or even a charge. When it comes to citizens like Anwar al-Awlaki, the killings raise serious constitutional problems that are being kept from the courts by the Administration.
Continue reading “Death Panel: Obama Delegates Hit List To Panel of Unnamed Officials”
The Obama Administration is moving against the new Alabama law on illegal immigration — as it has the Arizona law. I have discussed the novelty of such challenges, which may soon include other states. I will be discussing the Alabama law on NPR’s Diane Rehm Show on Wednesday, October 5th.
Continue reading “Justice Department Appeals Alabama Immigration Ruling”
Shawnee County District Attorney Chad Taylor has created a firestorm of controversy in Topeka, Kansas by announcing that his office will no longer prosecute domestic abuse cases and other misdemeanors due to a lack of funds. Notably, Taylor was faced with a 10 percent budget cut, but elected to simply bar prosecution of crimes like domestic abuse.
Continue reading “Topeka District Attorney Refuses to Prosecute Domestic Abuse Cases After His Budget is Cut”
U.S. District Judge Andrew J. Guilford verbally lashed the Fullerton Police Department in its handing of allegation by sexual misconduct of an officer, calling the police department actions as “shocking” in its failure to take serious steps to preserve and act on evidence.
Continue reading “Federal Judge Criticizes Lack of Response of California Police Department To Allegations of Sexual Abuse By Officer”
Submited by Mark Esposito, Guest Blogger
We’ve known for years that exposure to violence makes humans more likely to commit violence themselves. TV violence is especially pernicious and can have effects lasting decades. Now that applies to participatory virtual violence as well.
Mark Bradford, a 46-year-old resident of Plymouth, England attacked a 13-year-old boy who had just “killed” his virtual fighter in the wildly successful computer game, Call of Duty:Black Ops. The two were playing the game over the Internet when Bradford’s character was shot during a battle scene. The enraged father of two promptly raced over to the boy’s nearby home and grabbed the young man by the throat using both hands. The child’s mother fought him off and called police.
Continue reading “Call of Crazy: Gamer Attackes Teen Who Killed His Character”
In New York, Clyde Gardner, 57, hatched a unique plan to kill his ex-girlfriend that involved skinning a bear, hiding among garbage cans, and walking on all fours. After the plan proved a bit too complex, he returned to that old favorite: the car crash. It all ended without an injury when Gardner was accused by the would-be hit man. He pleaded guilty and was sentenced this week.
Earlier today, I posted another case out of Illinois where an officer arrested a citizen for recording him in public — only to have the charges later dropped without any disciplining of the officer. Now in New York city we have another alleged case where an officer detains a citizen over public videotaping — not of him, mind you, but of ground zero. Meredith Dodson of Georgia says that Officer Mark DeSimone not only detained her but became threatening with her and other citizens who objected to his arbitrary action over her taking a photo of the famous site.
Continue reading “Georgia Woman Reportedly Detained For Taking Photo Of Ground Zero”
A family in Pakistan is living in poverty and avoiding neighbors calling for their deaths. Their offense? The oldest daughter was raped and the family did not kill her as demanded as a matter of honor. Unlike hundreds of such girls killed in honor killings each year, Kainat Soomro, 17, is being supported by her family and refuses to back down in demanding justice for her kidnapping and gang rape.
Continue reading “Pakistani Religious Elders Order The Killing of Teenage Rape Victim For Losing Her Virginity Before Marriage”
We have yet another person arrested for recording a police officer in public. Louis Frobe felt he was wrongly stopped for speeding and decided to use his phone to videotape and record the stop and its surroundings. When he held the phone outside of the window to videotape the surrounding area, the officer proceeded to arrest him and charge him with a felony in Illinois. The arresting officer is identified in a lawsuit as Ralph H. Goar of the Village of Lindenhurst.
Continue reading “Police Arrest Illinois Man For Videotaping Traffic Stop”
Below is today’s column in The Los Angeles Times on the record of Barack Obama on civil liberties and his impact on the civil liberties movement in the United States.
Continue reading “Obama and the Decline of the American Civil Liberties Movement”
In the high-pressure competition to ranking colleges, Sam Eshaghoff, 19, was a solution for those who long for high scores but lack of the ability or time to secure them. Eshaghoff and six students were arrested on criminal charges for a scheme in which Eshaghoff pretended to be other people to take the SAT exam for them — at the cost of $1,500 to $2,500.
Continue reading “New York Police Arrest Seven In Alleged SAT Cheating Ring”