Category: Justice

When Mass Murder is Political

Submitted by: Mike Spindell, guest blogger

As people here no doubt know I am quite opinionated and rather definite in my views, perhaps to a fault some might say. In this piece though I must admit that I have mixed feelings as to what is right and what is wrong, in the issue I write about. The recent thread on this blog: Trophy Terrorist: Obama Suggests Romney Would Not Have Ordered the Killing of Osama Bin Laden: http://jonathanturley.org/2012/04/30/obama-suggests-romney-would-not-have-killed-osama/  engendered a lively debate on the propriety of summarily executing a purported mass murderer. In my mind as I viewed the back and forth of the thread, including my own comments, I began to think of the trial of Anders Behring Breivik in Norway for killing 77 people, the fact that he was using his trial for publicity to advance his racist cause in Norway and that at worst he was facing only twenty-one years, though it “might” be extended for life.

Had Osama Bin Laden been captured and stood trial it would have created a worldwide sensation. It would have had to have been televised, since the clamor for an “open” trial would have been deafening and I would have added my small voice to the clamor. The necessity of fairness to the defense would have followed the same dictum, since a publicly perceived unfairness would result in a U.S. public relations disaster, for obvious reasons. Therefore, this trial could have been used as a stage for stirring up the “terrorist” pot and perhaps as a great recruiting tool for Al Qaeda. My question is: faced with such potentially explosive results from a trial, is the government justified in simply killing to preclude a greater evil? To be honest I’m not completely certain where the equities of these situations lie as I’ll explain.  Continue reading “When Mass Murder is Political”

Don’t Mess with Texas’ Executions

Respectfully Submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

As an Illinois resident I was heartened by the fact that a former governor took the politically dangerous action to halt all executions and recently the current Governor of Illinois signed a bill to  end the death penalty in Illinois.   Tribune   With that background, I was saddened to read that since 1976, more than 1/3rd of all executions that took place in our country happened in Texas. Since 1976, Texas has executed 481 people.  Truth Progress  Why does Texas continue to execute people when many experts assert that the death penalty is not a deterrent to violent crime?   Continue reading “Don’t Mess with Texas’ Executions”

Zimmerman: Media Circuses Make for Bad Justice

Submitted by: Mike Spindell, Guest Blogger

At this point, to be honest, all of the back and forth regarding “evidence” in the Zimmerman Case that has occurred here over a number of threads has been mere speculation that misses the salient issues raised by this case. The real (admissible) evidence will be presented at the trial and a hopefully an unbiased jury will make its decisions. The issues that we need to discuss from my perspective are:

1. Did the Sanford Police make a mistake in releasing Zimmerman rather quickly and allowing him to retain his gun, which was potential evidence?

2. Was there undue outside influence used upon the police to end their investigation quickly?

 3. Is there a degree of probability that in many Stand Your Ground venues, had the victim been white and the protagonist of color, that the protagonist would have been immediately arrested?

4. What are the purposes of a business oriented lobbying group, like ALEC, in getting “Stand Your Ground” Laws passed?

5. Is this once again an instance where a media circus has poisoned the ability to have a fair trial? Continue reading “Zimmerman: Media Circuses Make for Bad Justice”

Profiling The Profiler: The Unflattering Mirror

By Mark Esposito, Guest Blogger

Which ethnic subset of American teens is most likely to become substance abusers and thus possessors of illegal drugs, alcohol, or tobacco?

a. Caucasians; b. Hispanics; c. African-Americans.

If you answered “c” you are wrong and probably Caucasian. Large-scale national surveys like the National Comorbidity Survey Replication (NCS-R) find that African-Americans are significantly less likely to have substance use disorders than their White counterparts. Continue reading “Profiling The Profiler: The Unflattering Mirror”

Jury Selection Starts In Edwards Case with Controversial Campaign Finance Charges

Jury selection began yesterday in Greensboro, N.C., in the federal trial of former presidential candidate John Edwards. Because of the extremely prejudicial aspects of Edwards’ infidelity while his wife was battling cancer, voir dire and pre-trial motions in limine will be critically important in the case. Equally important will be the legal basis for the campaign finance charges in the case over the use of third-party funds to hide his affair with Rielle Hunter. In my view, the charges stretch the law too far but the government will still have to convince a jury. The greatest danger for the defense remains the prejudicial elements and how they may warp the jury’s view of the facts and legal standard.

Continue reading “Jury Selection Starts In Edwards Case with Controversial Campaign Finance Charges”

The Roman Catholic Church and the Gays

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

On this Easter weekend, I was dismayed when I learned that the Roman Catholic Church recently decided that helping the poor in Colorado obtain health care is fine, as long as the organizations assisting these needy folks were not gay or “hanging out” with the Gays. Continue reading “The Roman Catholic Church and the Gays”

Doubling Down: Holder Calls Obama’s Judicial Activism Criticism “Appropriate”

While the White House and the President backtracked from Obama’s recent statements regarding the Supreme Court, Attorney General Eric Holder succeeded in reigniting the controversy by calling the comments about judicial activism “appropriate.” As I noted earlier, the effort of the White House to modify the statement of the President notably did not include a retraction of the judicial activism statement. Holder’s statement appeared to reaffirm that the omission was intentional.

Continue reading “Doubling Down: Holder Calls Obama’s Judicial Activism Criticism “Appropriate””

Obama Predicts Health Care Victory, Labels Vote Against Law As “Judicial Activism”

Yesterday, President Barack Obama made the surprising prediction that the Supreme Court would uphold the health care law and further labeled those who would vote against it as judicial activists. I am not sure what he is basing his prediction on, but the comment on judicial activism is both unfounded and unwise.

Continue reading “Obama Predicts Health Care Victory, Labels Vote Against Law As “Judicial Activism””

Audio Experts: Cries For “Help” On 911 Tapes Not Zimmerman’s

By Mark Esposito, Guest Blogger

The  chair emeritus for the American Board of Recorded Evidence, Tom Owen, and Ed Primeau, a Michigan-based audio engineer and forensics expert, have independently concluded that the furtive pleas for help clearly heard on the 911 tapes are not George Zimmerman’s. Both acknowledged experts used voice enhancing software, but different techniques, to rate the probability of the voice being Zimmerman’s at no more than 48%.  A 90% match is considered scientifically reliable.

Continue reading “Audio Experts: Cries For “Help” On 911 Tapes Not Zimmerman’s”

Defending Our Freedoms?

Submitted by: Mike Spindell, Guest Blogger

A recurring meme used in American society by leaders and politicians is that certain acts must be done to “Defend Our Freedoms”. The use of this meme has occurred repeatedly in our history as a justification for certain governmental actions, particularly in defense of war. In some cases like our Revolution, or World War II its usage has been right on point, in others like Viet Nam, Iraq and Afghanistan it’s been used as untruthful propaganda. On national and local levels the meme has also had a mixed history. It has been used to persecute radicals, as a States Rights justification of “Jim Crow” and post 9/11 to enact “security” legislation that many of us think actually diminishes freedom in the name of saving it. Continue reading “Defending Our Freedoms?”

How Patriotic is the Patriot Act?

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

When the Patriot Act was signed into law back in 2001, there was significant discussion about and distrust in the broad powers granted to the FBI and other intelligence gathering agencies. I won’t go into the uproar that ensued back then, but I do want to discuss the latest events pertaining to the infamous Section 215 of the Patriot Act.  Section 215 of the Patriot Act is the section that has been dubbed as the “business records” provision of the Act.  In the last few days, two United States Senators reconfirmed their concern over the possible misuse of the broad powers granted to the government in Section 215.  Senator Ron Wyden and Senator Mark Udall have made public their recent letter to Attorney General Holder expressing their grave concerns on just how Section 215 is being interpreted and used to spy on Americans. Continue reading “How Patriotic is the Patriot Act?”

A Real History of the Last Sixty-Two Years?

Submitted by: Mike Spindell, Guest Blogger

Being in my late 60’s and having grown up in a liberal family, politics and history have been always among my greatest interests. Those much younger than I would no doubt list 9/11 as the most traumatizing historical event of their lifetime. While 9/11 of course affected me greatly, no historical event in my life has affected me as much as the assassination of President John F. Kennedy. I believe that it traumatized my generation so extensively that most of us have not been able to fully believe in our country and its government since that tragic day and its aftermath. Most Americans alive today, who were born in 1960, or afterwards, have only second hand accounts of the total turbulence of the 60’s and the trauma experienced by those who lived through it. There is no doubt that 9/11 has traumatized this nation, but initially it drew most of us together, only to have that unity frittered away by the Bush Administration. The 60’s did that for my generation and that trauma led directly to our current political chaos and deep distrust of government as my generation took the reins of political power.

To most people growing up in the 50’s, on its surface America was the land of opportunity. The USA was a great democracy, unparalleled in human history in the prosperity of its citizens and its standing among nations. For many though, there were obvious cracks in this version of the America Myth. If you were a Black American you faced the viciousness of “Jim Crow” in the South and the somewhat more “genteel” racism pervading the rest of the country. People of Spanish speaking heritage also faced the status of second class citizenship. Native American’s were treated just as badly as they had been from the first European landing on these their shores. Women were, with few exceptions, expected to be subservient to male expectations and were uniformly portrayed as being intellectually inferior. Homosexuals were viciously and violently persecuted. And so it went in 1950’s America. Some great white writers like Mailer, Kerouac, Steinbeck and many others were taking on the myth of the America Dream. Africa American writers like Richard Wright, Ralph Ellison and James Baldwin were standing on the shoulders of their predecessors from the Harlem Renaissance, in exposing the oppression Black people faced. There was among many Americans a weariness of the canards of the Eisenhower Administration, the fear based militarism of the Cold War and a recognition that all was not well with a good portion of the population. There was also for many, a hope for purposefulness in their own lives, beyond marriage, house in the suburbs, new car and two kids.

Arriving on the scene, promising to revitalize the country, was JFK, a brilliant speaker, handsome man and charismatic leader. He won a close election against the unlikable Richard Nixon and proceeded to galvanize the nation with the dreams of his New Frontier. JFK also was the source of great enmity among the Washington Establishment. Seen as nouveau riche by the plutocracy, too idealistic and naïve by the Defense, State Departments and CIA, hated by J. Edgar Hoover and the FBI, too “Nigra Friendly” for Southern racists and a threat to the “business as usual” Corporate status quo. He was murdered on a Friday Afternoon in 1963 as my University suspended activities and I sat with friends stunned with grief listening to a car radio and puffing Marlboro’s. That day is etched permanently in my mind and the disturbing events that followed it throughout those turbulent 1960’s forever changed the way I viewed the world. Lee Harvey Oswald was improbably murdered as I watched on TV that Sunday; a flawed Warren Commission Report arrived filled with holes; the murder of Martin Luther King and then Bobby Kennedy; along with the prosecution of a vicious and illegal war; with all this my faith in American Democracy and exceptionalism faded into skeptical disbelief. Life for us ordinary citizens, however, still went on and pleasure, friends, lovers, spouses, families and careers took up most of our time and attention.  Nevertheless I devoured everything I could read about the JFK murder and indeed about the history taking place as I lived my mundane life. Recently a book brought all those strange feelings back to the surface and provided a possible explanation why our world seems so much crazier these days. Continue reading “A Real History of the Last Sixty-Two Years?”

Congressional Malpractice

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

It seems that you can’t go anywhere on the Internet and not read an attack on the EPA by a Republican member of Congress. The HillMcClatchey    Unfortunately, I was not surprised how many of the Republican Congressmen were attacking the EPA and its attempts to control and eliminate air pollution.  However, I was surprised by how many of those Congressmen were physicians.

“What would you think if your physician told you, “Keep smoking because quitting would kill tobacco and health care jobs.” Or, “Don’t take your high blood pressure medicine, you can’t afford it.” And, “Don’t lose weight, no one has proven obesity is bad for you.”  That’s exactly the quality of medical advice we are getting from the 18 Republican physicians currently serving in Congress. Some of the most well known are the father and son team of Rep. Ron Paul and Sen. Rand Paul, and Sen. Tom Coburn. Almost all of these physician/Congressmen have been key soldiers in the Republican war on the Environmental Protection Agency (EPA), calling it a “job killer,” pronouncing relevant health science “unproven,” claiming we “can’t afford” their regulations.”  Truthout  Continue reading “Congressional Malpractice”

What Motivates the 1%?

Submitted by: Mike Spindell, guest blogger

When it comes to standard of living I can’t complain. Between a pension and social security I live comfortably, though definitely without luxury. I have no investments and minimal savings so that I in essence live from check to check, as do most Americans less fortunate. Would I like thousands in the bank, of course? Would I like to travel overseas, as I never have, of course I would. It would also be nice to have a luxury auto that accommodates my long legs, 72” 3D plasma TV and many other accoutrements of our consumer society. I know I’d enjoy them, but frankly I am content with what I have and do not begrudge those with far more material things, savings and income. In this respect I am decidedly a creature of what has been known up to now as the “Middle/Working Class”. It is a vanishing citizen category that I identify with most closely and is gradually through conservative policies being driven down towards underclass status.

In addition, my entire working career was spent dealing with those people who can be roughly characterized in American terms as the “Underclass” due to poverty, race, ethnicity, disability, mental illness, criminality and addiction. I know first hand the depredations suffered by this portion of our citizens and this knowledge via experience, is something not shared by most Americans. My work exposed me to the basic unfairness of our system and I must admit my experiences fill me with rage towards those who lack empathy for the ignored and maltreated. Some say that this disparity is merely the result of lack off effort on their part, or of the natural result of lack of ability. Those that do are basically people ignorant of how the American system works and the fact that the putative “race” towards the top is a fixed affair, in all of its’ aspects. Since this is a legal opinion blog I would be giving its purpose short shrift was I not to mention that inequity of result has been a standard of our legal system since our Country’s inception. With a few exceptions used to demonstrate the opposite, the truth is as Leonard Cohen states so eloquently “Everybody knows the game is rotten”.

To me it is a fact that inequality is inherent in our system. Please indulge me to look at what I find most perplexing in this state of things and why I think it exists. Why does it seem that many people, who have received so much benefit from the fruits of this nation, are so begrudging of having those less fortunate at least live more comfortable lives? Continue reading “What Motivates the 1%?”