Criminal law, International

German Prosecutors Allege Former Nurse Killed Patients Out Of Boredom

By Darren Smith, Weekend Contributor

medical symbolA startling criminal case out of Germany could be reminiscent of Britain’s Harold Shipman case.

Prosecutors in the German State of Lower Saxony accuse a former nurse, identified only as Nils “H.” pursuant to German privacy laws, of killing one patient and the attempt of two others. He is also being investigated for possible involvement in over one hundred and fifty suspicious deaths occurring during his practice.

According to prosecutors his motive for committing such crimes was boredom.

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Criminal law, Free Speech, International, Media, Politics

Journalists In Turkey Sentenced To Prison For Reporting Corruption In Government

By Darren Smith, Weekend Contributor

turkish-journalists

In another example of the diminishing freedom of the press in Turkey, Yurt newspaper reporter Meriç Şenyüz and Ulusal Kanal reporter Özer Sürmeli received sentences of six and five months respectively for their reporting of a December seventeenth corruption probe involving, among others, then Turkish Prime Minister Recep Tayyip Erdoğan’s son Bilal Erdoğan.

Turkey has an unfortunate history of repression of media critical of government, though in the last year an estimated forty imprisoned journalists have been released. According to BIA Media Monitoring Reports, the number of jailed journalists in Turkey fell from 104 in 2010 to 59 last year and to 19 by November 2014. However the underlying trend of jailing journalists in Turkey and many other nations of the world continues.

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Constitutional Law, Free Speech, International, Politics, Society

Catalonian President Faces Prosecution For Staging Referendum On Independence

By Darren Smith, Weekend Contributor

artur-masPresident of the Generalitat of Catalonia, Artur Mas i Gavarró, his deputy, and his education minister face prosecution by the Spanish Government for alleged civil disobedience, abuse of power, usurpation of duties, and embezzlement of public funds according to a statement released by the public prosecutor’s office of the Spanish Government.

In what many see as clearly dubious prosecution by Spanish authorities, President Mas remarked: “It is sad to see that when the Catalan people want to express their opinion … the reaction of the state comes from the courts and prosecutors.”

The action comes several weeks after Catalonia held a non-binding vote on independence from Spain, buoyed by what many Catalonians hailed as a close race with the Scottish Independence referendum, a worrisome event to the Spanish government.

The matter brings into the discussion of Parliamentary Immunity and Executive authority held by other nations, and the chilling effect the threat of prosecution can have for representative government of constituents.

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Constitutional Law, Criminal law, Free Speech, Justice

Ninth Circuit Upholds Preliminary Injunction Against Enforcement of California’s CASE Act As Curtailing Free Speech Of Registered Sex Offenders

By Darren Smith, Weekend Contributor

200px-US-CourtOfAppeals-9thCircuit-Seal.svgPlaintiffs representing unnamed registered sex offenders and sponsors of the non-profit California Reform Sex Offender Laws won a victory in their quest to declare unconstitutional the Californians Against Sexual Exploitation Act on free speech grounds.

The act, among other matters, requires registered sex offenders to within twenty four hours submit the “internet identities” and Internet Service Providers (ISPs) they use to engage in conversation and participation in the experience of the Internet, amending California Penal Code § 290.015(a)(4)–(5).

The court upheld a district court judgment granting an injunction against the State of California enforcing the statute which was filed by plaintiffs the day the law was effective.

The Ninth Circuit cited curtailment to free speech rights after the offenders were released from prison who were then afforded the full protection of the first amendment and that such provisions of the law would amount to a chilling effect of the free speech rights of this class of individuals.

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Media, Society

Police Departments Consider Discontinuing Use Of Body Cameras Due To Expense Of Public Disclosure Requirements

By Darren Smith, Weekend Contributor

police-officer-body-camIn what could prove to be a larger issue nationally, several departments in Washington State are considering removal of wearable cameras on police officers due to what has shown to be a greatly expensive and time consuming requirement to provide public disclosure to citizens requesting recordings.

Poulsbo, Washington Police Department received a blanket request for all videos recorded by the police cameras. The blanket request for six months of data might cause the department to stop future recordings.

Washington has some of the most open public records laws in the United States but there are many exemptions from public disclosure for various reasons. Editing these recordings is required for compliance with both sides of the Public Disclosure laws and there are time requirements. Such costs could prove to be the demise of recordings that have, as this website has often mentioned, revealed both violations of civil rights and topics of praise for police officers in general.

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Free Speech, International, Society

The Paintbrush And The Fight Against Extremism: The Struggles Of Iraqi Kurdistan Through Art

By Darren Smith, Weekend Contributor

kurdish-art-screwAs we have discussed many times free speech can be a powerful weapon against the injustices and in the case of the Islamic State, genocide. A new exhibition in the semi-autonomous state of Iraqi Kurdistan in Northern Iraq provides through art an interpretation of the struggle faced by ordinary individuals at the hands of extremists. It ties not only differing cultures but transcends the fences of language that are often barriers to understanding and empathy.

The Dohuk Art Gallery featured thirty artists organized by the Center for Graphic Art in Northern Iraq for the purpose of contributing to the fight against the Islamic State. It is not just conventional war implements that further the battle, but it is often the case of ideals, allegiances, and blind faith that aids the Islamic State.

Artists featured in Dohuk Gallery seek to change these beliefs through painting the atrocities prosecuted against the Kurdish People in an artistic representation showing the honor in protecting their society and humanity in general. Niquash reporters interviewed several participants bringing their thoughts and reflections to canvas and clay.

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Academia, Congress, Constitutional Law, Courts, Lawyering, Media, Politics, Society, Supreme Court

HOUSE FILES CHALLENGE OVER THE CHANGES TO THE AFFORDABLE CARE ACT

800px-Capitol_Building_Full_ViewToday, we filed our complaint United States House of Representatives v. Burwell (Case 1:14-cv-01967), in the United States District Court for the District of Columbia. The House’s complaint contains eight counts concerning constitutional and statutory violations of law related to the Patient Protection and Affordable Care Act (ACA). There are a myriad of unilateral amendments to this Act, ordered by President Obama’s Administration, which could be the subject of a challenge, and there are a number of changes that are already being litigated, including King v. Burwell, which has been accepted by the Supreme Court for review. The House’s complaint, however, focuses on the Administration’s usurpation not only of the House’s Article I legislative authority, but also of the defining “power of purse.” Both of these powers were placed exclusively in Article I by the Framers of our Constitution. These constitutional and statutory claims are highly illustrative of the current conflict between the branches over the basic principles of the separation of powers. The House’s complaint seeks to reaffirm the clear constitutional lines of separation between the branches – a doctrine that is the very foundation of our constitutional system of government. To put it simply, the complaint focuses on the means rather than ends. The complaint is posted below.

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International, Society

From Whence We Came: One Account Of Retracing “The Voyage” In Search Of Answers Under The Sicilian Sun

250px-Statue_of_Liberty_7President Obama’s changes to the immigration status of millions of illegal immigrants has caused the expected firestorm of controversy. I have previously criticized the decision to withhold the details of the plan until after voters went to the polls and I continue to view the changes as an assault upon the doctrine of separation of powers. While I have always recognized the wide latitude given to presidents in the past in prioritizing enforcement, this is an open circumvention of Congress to achieve by executive fiat what was denied in legislation. However, I have also been thinking about the families themselves and my own family’s history in coming to this country. Many Americans are finding themselves taking journeys of their own — retracing the often harrowing steps of their ancestors in coming to this country in looking for a better life.

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Constitutional Law, Criminal law, Free Speech, International, Media, Politics, Religion, Society

Criminal Cackling? Irish Pro-Life Advocate Convicted Of Harassment Over Protest At Clinic

maxresdefaultThere is a troubling report out of Ireland that raises many of the concerns that we have discussed earlier about the erosion of free speech in the West. Bernadette “Bernie” Smyth is one of Northern Ireland’s most prominent anti-abortion activists and the founder of Precious Life, a pro-life group. She was convicted this week of two counts of harassment that stem from her picketing of the country’s only abortion clinic. The charges were brought by the clinic’s director, Dawn Purvis, who runs the Belfast branch of Marie Stopes. However, the line drawn in the case could create a chilling effect on political and religious speech in the future.

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Bizarre, International, Military, Politics

Pentagon Accused Of Paying Ransom For Bergdahl To An Afghan Con Man Who Disappeared With The Money

305px-USA_PFC_BoweBergdahl_ACU_CroppedDefense_Finance_Accounting_Services_(DFAS)_Official_SealIt has been a virtual mantra of U.S. policy for decades that we do not negotiate with terrorists and never never pay ransoms. That is why a new report is so startling even though it has received relatively little attention. The Pentagon reportedly gave an unspecified but large amount of money to an Afghan for the release of Army Sgt. Bowe Bergdahl and then found out the money and the Afghan disappeared without a trace. The Pentagon is denying that it tried to pay a ransom for Bergdahl.

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Environment, Science, Society

Kitty Litter Dirty Bomb: New Mexico Nuclear Disposal Plant Causes $500 Million of Damage By Using Wrong Kind Of Kitty Litter

220px-CatfillerRadioactive SymbolThere are so many surprising aspects to this story including the two salient points that we use kitty litter in nuclear plants and using the wrong kitty litter can cost you half a billion dollars. However, a recent report states that the mismanagement of the kitty litter issue at the Los Alamos National Laboratory (LANL) in New Mexico by its private operator, Los Alamos National Security LLC, led not only damage, but the injury of at least 20 workers — and the creation of a type of kitty litter dirty bomb. The concerns of an Al Kitta threat however may be premature. It turns out that you can avoid the risk by selecting clay-based kitty litter over wheat-based kitty litter.

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Criminal law, Lawyering, Society

FSU Shooter Identified As Lawyer And Former Prosecutor Myron May [Updated]

Myron_May_pic_fullThe Florida State University community is still in shock over the killing of three people and wounding of others on campus. The bar was rocked today with the news that the alleged killer was one of our own, FSU graduate and attorney Myron May. May’s final post on Facebook was the biblical verse, “Blessed are the poor in spirit, for theirs is the kingdom of heaven.”

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Constitutional Law, Environment

Oil Company Seeks Over $1 Billion In Takings Claim Against California County For Banning Fracking

398px-BarnettShaleDrilling-9323There is an interesting out of California where Citadel Exploration, an oil company, has sued the San Benito County for $1.2 billion for banning fracking and oil extraction on land within its jurisdiction. Citadel is arguing that the ban constitutes a regulatory taking and that it is entitled to the value lost, which it says amounts to 20-40 millions barrels of oil and a profit of $1.2 billion. It is a troubling case for environmentalists and land use advocates seeking to place limitations on certain industrial activities viewed as harmful.

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Criminal law, Society

Georgia Man Shoots and Kills Driver Who Mistakenly Pulled Into His Driveway . . . Allowed To Plead To A Single Misdemeanor With No Jail Time and A $500 Fine

Sailorslilburn-victimThere is a surprising plea deal in Georgia this week where Philip Sailors, 69, (left) was accused of responding to Rodrigo Diaz (right) pulling into his driveway by mistake by shooting him in the head and killing him. Sailors has now been allowed to plead out on a single misdemeanor for involuntary manslaughter with no jail time. He was facing a murder charge. Under the plea bargain, Sailors will serve 12-months’ probation and pay a $500 fine. What is equally striking is that Sailors declined to say a word of apology to the family of Diaz when he appeared in court to accept the plea bargain of lifetime. We previously discussed this case.
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