Category: Criminal law

Dumb as a Stump or Clever as a Fox? Accused Murderer Released Due to Low IQ

eric_falardeauEric Falardeau, 29, seems to have found an advantage in being subintelligent. Falardeau is accused of beating to death William Beal of Salem, Massachusetts outside of a tavern. Now, Lawrence Superior Court Judge Howard Whitehead has ruled that he lacks the intelligence to stand trial for the 2000 murder and therefore will be released.

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Modest Trespass: Police Called to Swinger’s Club to Deal With Man Who Refused to Take Clothes Off

thumb_policeman_cartoonNow, this is an interesting trespass and disorderly conduct case out of Australia. The White Cockatoo resort has complained that a Brisbane man and his wife came to an “anything only” sex party but the man refused to take his clothes off.
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Chicago Police Superintendent Jody Weis Held in Contempt For Refusing to Disclose Lists of Officers Repeatedly Accused of Abuse

cpdcrnt-thU.S. District Judge Robert Gettleman in Chicago has held Police Superintendent Jody Weis in contempt for refusing to turn over lists of officers who have repeated complaints filed against them for abuse and violence. Weis insists that such a release of the list would diminish morale.

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Fish Tale: Clearwater Officials Decide That Bait Shop Can Display the Flag But Not the First Amendment

largemouthbasstax1The constitutional fish tale from Clearwater, Florida is getting more difficult to believe with the appearance of city officials in court over their crackdown on the posting of the first amendment on the side of a fish and bait shop. As discussed earlier, Complete Angler and its owner Herb Quintero was first fined for simply painting a mural of fish on the side of the building. They were told that it constituted a “sign.” When he covered the mural with a copy of the first amendment, he was hit with another threatened fine. Now, the city has said that they would not fine him for handing the American flag but not the first amendment.

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Professor Calls Police After Student Gives Presentation on Gun Rights

200px-ccsu2Professor Paula Anderson has a curious approach to controversial topics. Some of us encourage students to taken controversial positions to generate passionate class debate. Professor Anderson, according to critics, calls the police. She is accused of calling police on her student John Wahlberg at the Central Connecticut States University after he and two fellow students argued in favor of allowing students and teachers to carry weapons on campus, citing the tragedy at Virginia Tech. Other faculty members have defended her and suggested that there is more to this story.

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Mascot Abuse: Police Face an Outbreak of Assaults on Costumed Characters

180px-mcgruff250px-cec_logo1There appears to be a crime wave sweeping the nation’s as people beat down mascot ranging from Chuck E. Cheese to Officer McGruff to Chick-fil-A. The attacks on the thin costumed line of Mascots in our society raises some serious concerns and may demand a new type undercover unit.

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Will Justice Seek John Yoo’s Disbarment?

180px-john-yooThere is growing speculation that the Office of Professional Responsibility will recommend the disbarment of Professor John Yoo who currently teaches at Berkeley law school. The release of new memoranda from the Justice Department has increased calls for disciplinary action. The memoranda concludes that the President can (1) use military forces domestically to deal with any individuals President Bush considers a terrorist threat, (2) suspend free press and free speech rights, (3) arrest citizens without legal process or access to the courts, and (4) a variety of other tyrannical measures. I discussed the memoranda on this segment of Countdown.
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D.C.’s Speed Bump: The Constitution

210px-flag_of_washington_dcsvgHere is today’s column from USA Today. Yesterday, the D.C. Vote bill was temporarily pulled from the floor due to the threat of an gun rights amendment. The NRA has threatened to “score” the vote — meaning that members who vote against it would be given a lower score in the annual rankings. This is only a temporary withdrawal as Democrats scramble to deal with the challenge. A similar amendment passed in the Senate after being introduced by Sen. John Ensign of Nevada by a comfortable margin.
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Eleventh Circuit Rules that Video of Officer Repeatedly Tasering a Sobbing Man Sitting By the Road is Not a Constitutional Violation

defaultA man is appealing a recent loss before the United States Court of Appeals in a very disturbing decision. In the video below, Deputy Jonathan Rackard of the Washington County Florida repeated uses of a taser on Jesse Buckley who is merely sitting and crying next to a road. The Eleventh Circuit voted 2-1 that the Eighth Amendment was not violated in the case, reversing a decision from the trial court.
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CIA Admits to Destroying 92 (Rather Than 2) Tapes of Interrogations

torture -abu ghraibThe Bush Administration previously told a federal court that there were two tapes of interrogations destroyed showing waterboarding and other brutal treatment of detainees. It has now admitted that at least 92 tapes were destroyed in what appears a clear and knowing effort to destroy evidence.
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