Category: Justice

Lord Chief Justice: Jury Trial No Longer Required in England and Wales

150px-UK_Royal_Coat_of_Arms.svgRecently, many civil libertarians have been alarmed by legal changes in England restricting the media, free speech, prosecuting insults against religion, and other rollbacks. Now, the Lord Chief Justice has ruled that criminal trials no longer require a jury for the first time in England and Wales.
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Defining Terrorism: We Can Call People Murderers Without Diminishing Their Crimes

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Columnist Bonnie Erbe said last week that “it ought to be against the law” for people to call George Tiller “a murderer” and “anyone who [says such things] it ought to be prosecuted as an accessory to murder, as well as for partaking in domestic terrorism.” Others have also demanded that we treat such crimes as “domestic terrorism.” Below is today’s column on defining terrorism.
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Oklahoma Man Pleads Guilty to Raping 4-Year-Old Child and Gets One Year in Jail

earlsThomasBartheldIn Oklahoma, David Harold Earls, 64, has received a one-year jail sentence after raping a 4-year-old girl. The sentence has caused an outcry across the country and moves in the legislature to recall District Judge Thomas Bartheld, who gave Earls a twenty-year sentence with nineteen years suspended under a plea agreement between the prosecutors and defense counsel. He also fined Earls $1,000.

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Jailhouse Judge: Judge Samuel Kent Begins To Serve Jail Sentence Without Resigning From the Bench

Judge Kent-thumb-100x140The federal prison system has plenty of jailhouse lawyers. Now it has its first jailhouse judge (not to mention of jury of his peers). U.S. District Judge Samuel B. Kent began to serve his jail sentence today while still a member of the federal judiciary. He continues to refuse to resign. For those who were initially supportive of Kent, few people defend him now after his outrageous effort to bilk the judiciary for every possible dime of salary and benefits while dragging both the courts and Congress through the scandal that he created.

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Court: Judge Charles Bernstein Acted as “Co-Prosecutor” and Denied Defendants Fair Trial

gavel2Baltimore City Circuit Court Judge Charles G. Bernstein has been found to have acted so improperly in two criminal cases that he became a “co-prosecutor” and denied the defendants a fair trial. Steven Diggs (found guilty of drug possession) and Damon Lamar Ramsey (convicted of possession and intent to distribute) will receive new trials.
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Judge Rules that Jose Padilla Can Sue John Yoo

180px-john-yooJosé_Padilla U.S. District Judge Jeffrey White has cleared the way for Jose Padilla to sue University of California Professor John Yoo for the violation of his rights due to his physical abuse as a detainee. It is a relatively novel ruling that holds that government lawyers must be treated as other officials in participating in illegal programs or policies.

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Obama Defends Defense of Marriage Act and Moves to Dismiss Same-Sex Marriage Lawsuit

225px-official_portrait_of_barack_obamaCivil libertarians have been outraged by President Barack Obama’s adoption of extreme Bush policies on secrecy and executive privilege, including his effort to dismiss public interest lawsuits and his Administration’s refusal to investigate war crimes committed by the Bush Administration. Now, Obama has filed to dismiss the case of Arthur Smelt and Christopher Hammer, who are challenging the 1996 Defense of Marriage Act (DOMA), which blocks same-sex couples from securing Social Security spousal benefits, filing joint taxes and enjoying other federal rights of marriage.

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Chavez Continues Crackdown on Journalists and Free Speech

200px-Hugo_Chavez_in_Brazil-1861Venezuela President Hugo Chavez has renew his threats against one of the few remaining networks that voice opposition to his government. Chavez told executives at Globovision “to reflect” upon its criticism of him and change its tone or it “won’t be on the airwaves much longer.”
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Meaning of Empathy: Sotomayor Refused to Consider Appeal of Man Based on Technicality — Man Later Found Innocent Based on DNA

200px-Sonia_SotomayorCivil libertarians have been complaining that many liberals are ignoring that Judge Sonia Sotomayor has been viewed as hostile to core liberal values and has a fairly conservative voting record in many areas, including free speech, student rights, and criminal procedure. For a review of her cases, click here. Another case has come to light that shows little of the empathy cited by the White House. While Vice President Joe Biden has emphasized the Sotomayor “watches the back of police” in cases (which is supported in some of her more controversial rulings), she has shown little empathy for those challenging police or convictions. The case of Jeffrey Deskovic is being cited as one such case.
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The Meaning of Empathy: Biden Tells Police Organization that Sotomayor “Gets It” and “Has Your Back”

200px-Sonia_Sotomayor225px-joe_biden_official_photo_portrait_2-cropped1Many liberal are disappointed with the appointment of Sonya Sotomayor who was often suggested as a nominee for George W. Bush and has voted against free speech, student rights, and other cases with important liberal causes. As I have discussed in my review of her cases and criticism of past commentary of this nomination, liberals will lose ground on the Court if Sotomayor votes as a justice the way she voted as a judge. One of those areas is police abuse where Sotomayor has been criticized for siding with police in cases with strong evidence of abuse. Now, Vice President Joe Biden has drawn attention to the later cases by assuring a police organization that Sotomayor is pro-police and will watch their back when cases come before the Supreme Court.

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DOES TURLEY BLOG NEED A NIP AND TUCK?

250px-Ijn_surgeonIt comes to all of us with age. As hairlines recede and waistlines expand, cosmetic surgery becomes more attractive. While this blog is just around 2 years old, in human-to-blog years that is almost middle aged. In the last few weeks, various regulars have suggested that the site needs work to handle the large number of visitors and entries. This is an attempt to see what you would like to do with the site. I view this site as belonging to all of the regulars and I would like to solicit your thoughts on changes that you would like to see from different cosmetic touches to different structure. This entry will also allow discussion of those things (not people) that you least like.
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Justice Department Found to Have (Again) Withheld Evidence and Invalidating Convictions Through Prosecutorial Misconduct

kott-dskohring-dsThe Justice Department has again conceded to acts of prosecutorial misconduct that will result in the release of two politicians from jail in Alaska. In a case with obvious similarities to the botched case of former Sen. Ted. Stevens of Alaska, former Representatives Pete Kott and Vic Kohring will likely be released soon after the Justice Department admitted that it withheld evidence that should have been turned over to the defense. What is most striking is that the same prosecutors were involved in both the cases of Stevens and these state legislators.
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Sotomayor Belongs to All-Female Club

200px-Sonia_SotomayorAmong the material release this week by the White House is the disclosure that Judge Sonia Sotomayor belong to a private women’s-only group. The membership raises an interesting question given the controversies in the past over nominees who belong to men-only club. Should the standard be different for women or should exclusive club membership no longer be an issue in nominations?
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