Category: Criminal law

England Cracks Down On Unacceptable Internet Speech

We have been following (here and here and and and here and and here and here) the worsening situation in England concerning free speech. As noted in a recent column, free speech appears to be dying in the West with the increasing criminalization of speech under discrimination, hate, and blasphemy laws. The article below details the crackdown on Internet speech in the country from charging a teenager who made offensive comments about a murder to a man who burned a paper poppy, the symbol of the war dead.

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Company Insists That It Is Not Guilty of Prostitution In Hiring “Condom Testers”

A Chinese company raised an interesting statutory interpretation question with a job advertisement seeking “condom testers” in Shanghai. The ad declared that the company was looking to hire “lively and good-looking women” aged 18 to 25 to work for a salary of up to 3,000 yuan (US$480) per day. A company official identified as Chen insisted that, while the women are required to have sex, they are doing it for research and the company only hired the women because it cannot afford machines.

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The Watchmen: California Artist Arrested After TSA Spots Curious Watch

Geoffrey McGann, 49, is an artist and the creative director of a media production company called Generator Content. It appears that he was too creative for those folks at TSA. The California artist was arrested at Oakland International Airport because security officers did not like his unusual watch which they said looked too much like a timing device for a bomb. The watch had ornate switches, wires, and fuses so the bomb squad was called and the security checkpoint shutdown. Even after the bomb squad determined it was not a bomb within five minutes, however, McGann was arrested and charged by Alameda County Sheriff’s Department with possessing materials to make an explosive device.

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Democracy in America: What Does it Mean?

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?”

Adversity or Burglary? Texas Man Convicted In Bizarre Squatting Case

David Cooper, 26, is an example of how dangerous a little legal knowledge can be. The Texas man was arrested after squatting in a $405,000 Arlington home after the family left for Houston so that the mother could receive cancer treatment. Cooper said that he read about adverse possession in the law library at Southern Methodist University. He drew up an affidavit stating that he was asserting ownership by adverse possession and that was enough during an initial visit by the police. When the family arrived, however, the police finally put an end to the claim and criminally charged him with felony theft and burglary. His wife, Jasmine Williams Cooper, was charged with burglary. A jury convicted Cooper but acquitted his wife (after Cooper insisted that she did not stay at the house with him).

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Massachusetts Man Sentenced To Two Year For Lying During Jury Selection On Past Contacts With the Defendants

Jonathan G. Ngarambe might want to be more careful with where he is looking in the future. In a trial of a gang-rape case, a prosecutor thought that he saw Ngarambe catch the eye of one of the defendants. After an investigation, Ngarambe admitted that he lied to the court in denying that he had any relationship with any of the parties in the case. Ngarambe, 23, in fact knew two of the defendants and also had prior contact with the alleged victim, who was a high school classmate. Ngarambe has now pleaded guilty to perjury and Judge John Lu has sentenced him to an impressive two years in jail.

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North Carolina Murder Suspect Fires Second Court-Appointed Lawyer and Demands A Black Lawyer From Durham

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.

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Ohio Lawyer Forced To Admit To Child Porn For Trial Exhibit of “Morphed” Images and Then Hit With $300,000 In Damages

A case out of Ohio raises in my view some highly disturbing questions on the expanding reach of pornography laws. The Sixth Circuit has upheld a $300,000 award against an Ohio lawyer for his use of a trial exhibit in a child pornography case. Dean Boland wanted to show how an innocent picture can be converted into a pornographic picture without actually causing a child to engage in the displayed conduct. In order to avoid federal prosecution, Boland had to apologize publicly and admit to possession for child pornography. He was then hit with the damage award from the featured children despite his statement in court that these children did not participate in the depicted acts.

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Minnesota Man Charged With Threatening Police Officer After Posting Tattoo on Facebook

There is an interesting case out of Minnesota where alleged gang member Antonio “Savage” Jenkins has been charged with terroristic threats against a police officer. The vehicle used for the alleged threats is rather novel: his arm. Jenkins’ posted a picture of his arm with a tattoo on Facebook that showed a pig with a gun in its mouth, wearing a uniform with a badge number and an officer’s name.

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Voter Suppression: Arizona Woman Runs Over Husband For Not Voting Against Obama

Holly Solomon, 28, really really does not like President Barack Obama. The six-month pregnant Arizona woman was arrested for allegedly running over her husband with her SUV after learning that he did not take the time to vote for Romney last week. She believed a second term would be a disaster for her family and she appears to be right: she is now facing charges of domestic violence and aggravated assault.

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Jill Kelley Claims “Honorary” Diplomatic Status In Latest Twist In Petraeus Scandal

Last night, while discussing the Petraeus scandal on CNN, the network played a 911 call from one of the four major figures in the scandal: Jill Kelley. The call is perfectly bizarre in which Kelley, a Florida socialite, claims “honorary diplomatic” status to get the police to stop people from walking across her lawn. The dispatcher listens patiently and appears to resist the temptation to tell her that he will be sending over some honorary police to protect their honorary diplomatic residence.

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New Orleans Prosecutor Demoted In Expanding Scandal Over Anonymous Attacks On Defendant

We previously discussed the bizarre scandal unfolding in the New Orleans U.S. Attorney’s Office. Fred Heebe, a Louisiana landfill owner, has filed an interesting defamation lawsuit against a federal prosecutor who he claims has used anonymous identities to trash him on the Internet. Using a former FBI forensic linguist expert, Heebe has shown remarkable similarities between language used in filings by Assistant U.S. Attorney Sal Perricone and statements written by someone on media websites under the name “Henry L. Mencken1951.” With the finding that the language overlap “strongly indicates” Perricone, Heebe has filed suit and issued subpoenas. The federal case involves alleged bribes (including an almost $500,000 bribe to a state official) to close a rival landfill in Gretna, Louisiana. Heebe however was never charged with a crime. Perricone, 61, has since resigned after 21 years as a prosecutor but an investigation continued at the Justice Department as well as the civil lawsuit. He recently admitted to posting hundreds of comments. Now the scandal has caused U.S. Attorney Jim Letten to demote his second-in-command, First Assistant U.S. Attorney Jan Mann.

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Street Justice: Voice of Elmo Facing Charges For Allegedly Having Sex With Underaged Boy

Word on “the street” is not good for Kevin Clash, the voice of Elmo. Clash was arrested is facing charges for allegedly having a sexual relationship with a 16-year-old boy. Clash insists that the accused, now 23, was 18 when they started having an intimate relationship. Truth be known, I always thought it would be tightly wound Bert who ended up in the slammer. Notably, it was the Show that appears to have reported Clash.[UPDATE: The accuser, who remains nameless, has recanted his allegations].

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Brooklyn Prosecutor Charged With Attacking and Choking EMT Worker In Drunken Rage

Brooklyn Assistant District Attorney Michael Jaccarino, 30, was arrested this weekend after he allegedly attacked a female EMT worker who was responding to a call of an intoxicated man on the Brooklyn Bridge around 1 a.m. He’s charged with assault, criminal obstruction of breathing, menacing and harassment

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