There has long been an reasonable expectation among citizens that, if they are falsely accused of an offense, they will not have to pay either the fine or the cost of a hearing. Indeed, even if found guilty, there is generally not a charge for seeking justice in a court. Not in Salem, Massachusetts. The state supreme court ruled last week that motorists must pay the state even if they win their cases in court. The cost of fighting a ticket is $75, which can be roughly the cost of the ticket itself. It is a system that makes a mockery of the right to challenge a charge. No wonder so many witches were burned in the town . . . most could not afford the cost of an appeal.
Category: Criminal law
A Kuwaiti court on Sunday sentenced a Sunni Islamist activist to three months in jail for tweeting comments that were deemed derogatory to Shiite Muslims. I have previously written about the increase in such blasphemy prosecutions, including a trend in the West, as well as President Obama’s decision to support a U.N. resolution embracing the concept of blasphemy prosecutions – an abandonment of our long opposition to such laws. As previously discussed in a column and a line of blog stories (here and here and here and here), various Western governments have been curtailing free speech by prosecuting blasphemy and speech against various groups. In this case, Mubarak al-Bathali was convicted over his use of Twitter. It appears that you can blaspheme in 140 words or less.
Continue reading “U R BdBy: Kuwait Jails Blogger For Tweet Critical of Shiites”
In Bay Minette, Alabama, felons are being given the opportunity to climb the wall. Not the prison wall, mind you. The Alabama court and local police are helping felons over the wall of separation of church and state by giving convicted citizens an opportunity to avoid jail if they volunteer — so long as it is with a church.
Continue reading “Alabama Courts Give The Convicted The Choice Between Jail and Church”
In my torts class, we often discuss accounts of “spontaneous combustion” particularly after discussing the case of spontaneous combustion of a hay rick in Vaughn v. Menlove. Such cases have occasionally been reported with people, albeit to skeptical police. The latest comes from Ireland where Michael Faherty, 76, seemed to spontaneously combust.
Continue reading “Irish Coroner Finds Death Was Case Of “Spontaneous Combustion””
In another bad turn for the White House, Solyndra executives repeatedly invoked the Fifth Amendment on the company’s financial collapse and its receipt of $535 million federal loan guarantee. President Barack Obama has been criticized for ignoring warnings that the company was poorly structured and in danger of failing before highlighting the company as an example of his program of stimulus funds.
Continue reading “Solyndra Executives Plead The Fifth In Deepening Scandal”
It has long been a tradition to give a dying man his last requests for dinner. Lawrence Brewer took that request to an extreme, ordering a meal fit for an entire cellblock. That produced a backlash from state Senator John Whitmire who demanded an end to the tradition in Texas. He succeeded and now death row inmates will simply get whatever is served that night at the prison.
Continue reading “Texas Ends Last Meal Tradition After Brewer Execution”
In a shocking story below, police have investigated the introduction of children as young as eight into cage fighting events. The children fight as adults cheer while drinking beer and egging them on. The police investigated and found no violations or crimes in such events.
Continue reading “Gladiator Games: Police Investigate Cage Fighting For Kids But Find No Legal Violations”
And you thought your last seatmate on an airplane was a bit irritating . . . Try David Alan Anderson, 60. Anderson sat down on a Delta flight from Salt Lake City to Las Vegas and immediately began elbowing the passenger next to him and claiming the armrest. It then got worse . . . much worse.
Continue reading “Airplane Armrest Leads To Airport Arrest”
Retired international law professor Detlev Vagts, 82, has pleaded guilty to vehicular homicide in the death of Marcia Kearney in Newton, Massachusetts. In light of his plea and presumably his age, Vagts was spared prison time in favor of three years probation and six months of house arrest. He has been ordered not to drive for the rest of his life.
Continue reading “Former Harvard Law Professor Pleads Guilty to Vehicular Homicide”
The use of informers by police have always been criticized, particularly jail house snitches who will implicate anyone for a better deal. Scotland Yard has used 158 “supergrasses” used since 2006, including Gary Eaton, 51, who is now the center of a scandal over such procured testimony. Called a “pathological liar” by two courts, the Metropolitan Police still used Eaton to the trial of various people of murder. While records show the police were aware of his prior record, pathological lying, and mental instability, Scotland Yard has announced that no officers or prosecutors will be punished for his use as the star witness in two murder trials.
For years, we have discussed the abusive litigation by the Recording Industry Association of America in seeking obscene damages against people for downloading songs. Congress, again, caved to demands by lobbyists to allow for such lawsuits. The result has been thuggish lawsuits where industry lawyers threaten not only citizens with ruin but, in the case of the Copyright Group, those who try to help them. Now, one of the most obscene verdicts against Boston University student Joel Tenenbaum has been reinstated by the First Circuit — $675,000 for downloading and sharing 30 songs. The court, however, takes the rare step of suggesting that Congress may want to look again at the law. The problem is that these citizens do not have well-paid lobbyists and massive campaign funds to motivate many members to act. The Obama Administration joined the industry in defending the law and the original fines as not unconstitutional.
Judge Richard A. Posner is a legal icon who has had more impact on the development of the law. As the father of the Law and Economics movement, Posner’s writings are featured heavily in my classes as well as other classes around the country. While I disagree with him, I have tremendous respect for his scholarship and jurisprudence. However, a recent oral argument revealed a less flattering side of the former University of Chicago professor. Faced with an attorney from the American Civil Liberties Union in a case involving the right of citizens to film police in public, Posner cut him off after 14 words and spoke derisively of the right of citizens and groups to engage in such protected conduct.
Continue reading “Posner Ridicules Right of Citizens To Film Police in Seventh Circuit Oral Argument”
Stealing kid’s lunch money has long been a scourge in schools, but usually the thieves come from the ranks of adolescent bullies. Prosecutors allege that Joanna Fan and her husband, Ziming Shen, never got out of the habit and stole at least $2.5 million in federal funds meant for nutritious meals for preschoolers.
Continue reading “Stealing Kid’s Lunch Money: New York Couple Charged With Theft From School Programs — And Then Go Bonkers Outside Court”
Respectfully submitted by Lawrence Rafferty(Rafflaw)-Guest Blogger
I admit that I get a headache when I read any news about former Bush administration officials, but it seems that former Vice President Dick Cheney is in the news again and I am left scrambling for my migraine medicine. He has written a book detailing all the wonderful things he accomplished as Vice President under George W. Bush. Unfortunately for Mr. Cheney, in his efforts to explain his work as Vice President under George W. Bush, he may have provided an admission of some of the alleged lies that critics claim were being spread by Cheney and the Bush administration in the lead up to war in Iraq. Continue reading “Recent American History According to Cheney”
You will have to forgive the graphic picture but this extraordinary x-ray is a 20-year-old Irish national caught in Brazil after swallowing 72 bags of cocaine.
Continue reading “Excessive Carry On: Irish National Arrested in Brazil After Ingesting 72 Bags”