Tuesday, July 26, 2005

growing up military/jane fonda

When your brought up military, (born and raised military brat) a few things are ingrained into you: love of country, respect for elders, and you hate Jane Fonda. This is not a secret dislike, Ms. Fonda is well aware of it. During the promotion of her latest book, it was probably the most frequently asked question. Why did you allow yourself to be photographed on top of a weapon that was used against the United States servicemen? This morning on the news Ms. Fonda is making waves again. She has decided to do a nation wide campaign to share her thoughts on the Iraq war and why it should be stopped. Regardless of my personal beliefs on the war, I think any one would agree she probably isn't the best spokesperson for the end of the war. She's done enough to one group of war veterns does she really need to start in on another generation?


Thursday, July 21, 2005

The difference between just enough and way too much Judge baiting

"Judge S, that hypothetical is so far outside the box I don't think I can answer it."
Chief Judge C: "Counsel, you are so far inside my courtroom you will answer the question."
Judge: "You're getting real close to contempt now."
Witness: "Well you all are getting real close to pissin' me off."

Tuesday, July 19, 2005

No, the other evil Draco!

An attempted kiss and unsuccessful fumble with a bra clasp (rear closure) will get you charged with Sexual Battery, which means:
0-5 years in prison (assuming no prior felonies).
Lifetime registration as an aggravated sex offender.
Lifetime GPS monitor at your expense (after Nov. 1, 2005).
Lifetime inclusion in the CODIS DNA database.
Lifetime ban from living within 2000 feet of any kind of school.

"... Draco's laws were written not with ink, but blood; and he himself, being once asked why he made death the punishment of most offenses, replied, "Small ones deserve that, and I have no higher for the greater crimes.""


Nice Guys Get Confirmed

Bush nominated John Roberts to the Supremes.
Here are some previous views for and against him.
I predict he'll make it through.
He does not have a paper trail; he's been on the DC Circuit barely 2 years and he hasn't been publishing or perishing in academia.
Except for a year clerking at the 2d Circuit, he's been inside the beltway for his whole career.
He has a reputation as a nice guy as well as being intellectually rigorous and intellectually honest.
If I had my druthers Bush would nominate a real crank so America can more quickly experience the Bush Vision so we can wake up and shove the pendulum back toward the center.

In touch with my childhood

This past weekend I read the sixth book of Harry potter. I started reading them when my nephew became interested in the world of hogwarts and eventually got hooked myself. Talking to a 10 year old boy is hard enough, so when I saw an opportunity to have some common ground I jumped at the chance. This installment is so vastly different the first five. I would strongly recommend the book, just for the escapism. The other thing I did this weekend was to see Wedding Crashers. CRUDE. SOPHOMORIC. MONTAGE OF NAKED WOMEN. Okay maybe that will cause some to go see it. Not my taste. Granted it had some funny parts but overall just not very well done.

Friday, July 15, 2005

cops gettin around hipaa

Recently, the police have come up with the bright idea that they will try to get around Hipaa by getting Judges to sign search warrants for the psych records. The hospitals and doctors presented with a search warrant must comply. " (1) Permitted disclosures: pursuant to process and as other wise required by law. A covered entity may disclose protected health information...(ii)in compliance with and as limited by the relevant requirements of: (A) a court order or court-ordered warrant, or a subpoena or summons issued by a judicial officer" Here's the thing, the police must still have probable cause. For the life of me, haven't seen it happen yet where they have had it. In case they do get through (by getting a potted plant to sign it), you must file an emergency motion to suppress hearing and demand not only that all materials be relinquished but that that the police are prohibited from coping or discussing any of the materials. If they have already given it to the State's Attorney add them to the order that they must also be prohibited from using it and must turn it over. Further, some states have provisions that protect doctor/patient relationships. Be on the look out.

Respite from Thanatophilia

Why can't our cops be more like this?
(not for dial-up)


Thursday, July 14, 2005

Sheriff Hubris, I presume?

The Broward County Sheriff's Office thought that giving the correct Miranda warning in interrogations was an "additional obstacle for our investigators to overcome." So now the Florida Department of Corrections has additional bedspace.


Wednesday, July 13, 2005

Vengeance Gap

Saudi Arabia executed its 51st person for the year over the weekend.

The United States executed its 29th person for the year on Monday.

Great God! What are we to do? I suppose the New Testament will inform us how to kill more people! Oh. I guess not. At least not the copy I use.

Great YHWH! The Hebrew Scriptures have lots of great tips. Yet Israel has judicially executed only one person in all its modern history; Adolph Eichmann.

Great Allah! The Koran's tips apply mostly to unbelievers, but its jurisprudence is the same basic Fertile Crescent eye-for-an-eye model. But it's generally the fundamentalists in that religion, too, that are so focused on vengeance.

Oh no! The United States is suffering from a vengeance gap and a fundamentalism gap!

Thank God.


Wednesday, July 06, 2005

Habeas Schmabeas (Jack)

Problem: The death penalty system is broken enough that even after state direct appeal and state post-conviction review, 40% of capital cases that get to habeas review get reversed. (Fig. 3 on P. 56)

Solution: Further restrict habeas review for capital cases.
H.R. 3035
S. 1088

Friday, July 01, 2005

Welcome to the Blog

After seeing all the other guardians of Gideon out there, we decided to throw our two cents in and add our distinctiveness to the collective.