Category: Criminal law

No Good Deed Goes Unpunished: Man Convicted After Turning in a Discarded Shotgun to Police

SurreypolicePaul Clarke, 27, a veteran, thought that he was doing the right thing when he found a shotgun in his garden. He took the shotgun to the police station and was immediately arrested for possession of a firearm without permit and criminally charged — an offense that brings five years imprisonment. Prosecutor Brian Stalk insisted that this is a strict liability offense and his intent to help police does not matter — he is a menace to society as defined under the criminal code.

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Journalist Charged with Pornography for Sending Pictures of Woman in Unassisted Child Birth to Government Officials

125px-Flag_of_Zambia.svg85px-Coat_of_arms_of_zambiaThere is a disturbing trial being held in Zambia where the news editor of The Post, Chansa Kabwela, sent photos of a woman giving birth in a hospital car park without assistance to highlight the costs of a nursing strike and poor government policies. She was right. The officials, including Zambia’s President, Rupiah Banda, were horrified. They immediately arrested Kabwela for distributing pornography.
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“Religious Convictions”: When Children Die, Religion Is No Defense

300px-AbrahamHere is today’s column from the Washington Post on the benefits of a new type of “good-faith” defense. While “religious convictions” are usually a reference to personal faith, it turns out that it has a distinct and disturbing meaning for criminal sentencing.
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City of Fights: Internet Promotion Sparks Violence in Paris

200px-Tour_Eiffel_Wikimedia_CommonsWe often discuss liability issues associated with promotional events. Now, it seems that the French are dealing with the same problem. An Internet company canceled a promotional event in which it promised to hand out thousands of dollars in cash. The result was violence as the crowd took out their disappointment on police and parked cars. The site for Mailorama still shows a bus throwing money.

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The Lawyers Who Say Meep! High School Calls Police After Attorney Says Meep to Principal

Beaker_muppetFirst there were the Knights Who Say Ni! (below). Now we have the problem of the lawyers who say Meep! After reading the recent publications over the decision of the principal of Danvers High School banning students from saying the word “Meep,” Entertainment lawyer Theodora Michaels decided to act and wrote a letter using the four-letter word to Principal Thomas Murray, who comes across as a high school version of Dean Vernon Wormer from Animal House. She was immediately reported to the police for investigation by the school.
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Federal Court Upholds Right of Woman to Sue After Police Officers Tackle Her In Emergency Room During Premature Birth

135px-JSO_BadgeA federal court of appeals has ruled that Melanie Dawn Williams, 24, can sue after she was tackled by Jacksonville, Florida police in a hospital where she was experiencing a premature birth. Once inside the ER and she screamed, “I’m pregnant. Someone help me. I am bleeding.” It took the intervention of a nurse to get the police to release her to deal with her serious medical condition.

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Ex-Rep. William Jefferson Given 13-Year Sentence

160px-william_jefferson_official_photo180px-Prison_cellThe former Louisiana Rep. William Jefferson received a sentence of 13 years today — the longest term ever imposed on a congressman convicted of bribery. However, it was significantly below the 27 years sought by the Justice Department, which also failed in its attempt to have Jefferson immediately incarcerated. Instead, Jefferson, 62, will be allowed to remain free pending his appeals.

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9-11 Defendants to be Given Real Trials as Holder Stands on Principle — Sort Of

holdererickhalid_shaikh_mohammed_2 Attorney General Eric Holder has ordered actual trials for five 9/11 suspects rather than military tribunals. The decision places the United States squarely back on the road of the rule of law in giving due process even to our most hated defendants. The five defendants include 9/11 mastermind Khalid Sheikh Mohammed. The other four are Waleed bin Attash, Ramzi Binalshibh, Mustafa Ahmad al-Hawsawi and Ali Abd al-Aziz Ali. However, this courageous act was diminished by an inexplicable decision of Holder to order five other defendants — including USS Cole suspect Abd al-Rahim al-Nashiri — be tried in a military tribunal. I discussed this decision on this segment of MSNBC Countdown.
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Hasan Charged With 13 Counts of Premeditated Murder as Obama Calls for Investigation of Warning Signs

150px-Nidal_HasanMaj. Nidal M. Hasan was charged by the Army with 13 counts of premeditated murder. To the chagrin of conservative commentators, he is not charged with terrorism, a controversy I discussed last night on this segment of Rachel Maddow.

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Arranged Marriage Between 14-year-Old Girl and 23-Year-Old Man Ends with Gunfire and Arrest

mosby_vincentVincent Mosby, 23, is a defendant at the heart of a bizarre criminal case. Mosby is accused of marrying a 14-year-old girl under a contract for a dowry purchased at Wal-Mart and then threatening her family when they removed the girl.

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ACORN Challenges Congressional Ban on Federal Funds

logoACORN is continuing its approach of “the best defense is a good offense.” The group has not only sued the filmmakers who recently disclosed misconduct by the organization, but it is now suing Congress for its ban on federal funding to the organization, alleging a bill of attainder in singling out the non-profit.
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Marine Reservist Attacks Bearded Greek Orthodox Priest Mistaken for Terrorist

A4S_bruce111109_93606dA Marine reservist, Jasen Bruce, is under arrest in Tampa after beating a man whom he believed was a Muslim terrorist. The man turned out to be Father Alexios Marakis, a bearded Greek Orthodox priest in a traditional Greek robe.
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Semper Fraud: Federal Prosecutors Charge Another For “Stolen Valor”

story.burton.courtesyWe have another criminal case of unauthorized wearing of medals — a growing line of such cases of “stolen valor” cases. Steven Burton, 39, of Palm Springs, California would wear enough Navy medals to make a Soviet general blush, but he never served a day in the military. He made the mistake of going to his High School reunion in a Marine uniform, where he ran into a real Navy commander who was a bit curious about his Navy Cross.
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A Place Called Mom’s: Russian Man Given Sentence Reduction After Killing and Eating Mother Due to His Being Hungry

card_md_panseyA Russian judge gave a new meaning to mitigating factors in sentencing. Sergey Gavrilov, 27, killed and ate his mother in southern Russia. The judge, however, gave the man a lenient sentence on the grounds that he was hungry.
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