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Re: Crime & Justice
[Re: olivant]
#694088
02/03/13 07:57 AM
02/03/13 07:57 AM
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Joined: Jan 2008
Posts: 5,325 MI
Lilo
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Joined: Jan 2008
Posts: 5,325
MI
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What do legal eagles think of the brushback that the President received on recess appointments? I tend to agree that the President shouldn't be able to tell the Senate when it's in recess but the recent court decision arguably went beyond that. Recess Appointments The early returns on the D.C. Circuit Court of Appeals' sweeping "recess appointments" decisions are not favorable. Kenneth Jost of CQ Press called it "astounding." The three-judge panel went "on a tear," he adds. Jeffrey Toobin of the New Yorker called it an "extravagant act of judicial hubris," in which "three federal judges revealed themselves as Republican National Committeemen in robes." Prominent separation-of-powers theorist Peter Shane posted not one, or even two, but three criticisms of the decision. Noel Canning v. National Labor Relations Board, he wrote, "is a little like a Rob Schneider movie -- the more you think about it, the worse it seems."
Even some right-of-center commentators have expressed mixed emotions. In a Federalist Society podcast after the decision, Chapman University professor John Eastman praised the decision as a check on executive power tyranny. Michael Rappaport of the University of San Diego defends the decision against charges of partisanship, and told me in an email that he found the analysis basically correct. But Michael Greve of George Mason wrote that the opinion seemed "a tad doctrinaire." Writing in the Wall Street Journal (subscription required), John Yoo, formerly of the Bush Justice Department, blamed President Obama for setting up the situation, but cautioned that the opinion "has jeopardized a vital executive power for all future presidents." John Elwood, also a former Bush Justice official, mildly noted that "the panel would have benefited" from actual briefing on the questions it decided...
"When the snows fall and the white winds blow, the lone wolf dies but the pack survives." Winter is Coming
Now this is the Law of the Jungle—as old and as true as the sky; And the wolf that shall keep it may prosper, but the wolf that shall break it must die. As the creeper that girdles the tree-trunk, the Law runneth forward and back; For the strength of the Pack is the Wolf, and the strength of the Wolf is the Pack.
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Re: Crime & Justice
[Re: Lilo]
#694913
02/06/13 11:12 PM
02/06/13 11:12 PM
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Joined: Apr 2006
Posts: 11,797 Pennsylvania
klydon1
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Joined: Apr 2006
Posts: 11,797
Pennsylvania
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It seems like he really took offense at her telling him adios. Maybe he thought she was mocking his accent or presuming familiarity. In any event it was a mistake on her part. I thought he overreacted a bit by doubling the bail. But of course the critical error on her part, besides possibly being high, was then cursing at the judge. Not a good idea. So the contempt charge was obvious. I haven't had much reason to be in front of judges  but I don't like the idea of someone being able to double your bail because they didn't like that you said "adios". But those are the breaks. She will have 30 days to think about her mistakes.. http://www.mediaite.com/tv/did-you-say-f...cursing-at-him/ Judges are given considerable discretion in imposing bail. Of course, there are state and federal constitutional provisions protecting defendants from excessive bail. I don't have a problem with her bail getting jacked up. She was showing complete disrespect during her appearance, and the adios remark was unduly flippant at best and a racial dig at worst. The court would have the discretion to increase bail for this. To post bail, a defendant can hire a bondsman and pay a small percentage to him in exchange for the bondsman's promise to pay bail if the defendant fails to appear, so in reality the bail increase would have likely cost her a couple hundred bucks more, or perhaps nothing if hr parents had property in the county they could post. But with the contempt sentence it is best that she not post bail for 30 days because she's still going to sit in jail anyway. As long as she doesn't post bail she's eligible to have her contempt time also act as as time served for the underlying criminal offense.
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Re: Crime & Justice
[Re: olivant]
#694976
02/07/13 02:07 AM
02/07/13 02:07 AM
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Joined: Aug 2008
Posts: 8,534
IvyLeague
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Joined: Aug 2008
Posts: 8,534
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9-year-old gives birth in Mexico; police search for teenage father The Associated Press February 6, 2013 MEXICO CITY - Authorities say a nine-year-old girl has given birth in western Mexico and they are looking for the purported father, a 17-year-old. Jalisco state police spokesman Lino Gonzalez says the baby girl was born last week at a hospital in the city of Guadalajara. He says the girl and her baby are doing well. Gonzalez said Wednesday that the girl's family alerted authorities after she gave birth and the alleged father has not been seen since in the neighbourhood they both live in. He says that if the teenager's paternity is proven he could face child sex abuse charges. Gonzalez says the girl told authorities the teenager was her boyfriend. http://news.yahoo.com/9-old-gives-birth-mexico-police-search-teenage-050429720.html
Mods should mind their own business and leave poster's profile signatures alone.
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Re: Crime & Justice
[Re: Lilo]
#695042
02/07/13 12:50 PM
02/07/13 12:50 PM
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Joined: Dec 2006
Posts: 23,296 Throggs Neck
pizzaboy
The Fuckin Doctor
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The Fuckin Doctor

Joined: Dec 2006
Posts: 23,296
Throggs Neck
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It seems like he really took offense at her telling him adios. Maybe he thought she was mocking his accent or presuming familiarity. In any event it was a mistake on her part. I thought he overreacted a bit by doubling the bail. But of course the critical error on her part, besides possibly being high, was then cursing at the judge. Not a good idea. So the contempt charge was obvious. I haven't had much reason to be in front of judges  but I don't like the idea of someone being able to double your bail because they didn't like that you said "adios". But those are the breaks. She will have 30 days to think about her mistakes.. http://www.mediaite.com/tv/did-you-say-f...cursing-at-him/ She deserved it, Lilo. 18 years old. No damn respect at all. The only consolation is that everyone knows exactly what this kid's life will look like in ten years. And she will have done it to herself.
"I got news for you. If it wasn't for the toilet, there would be no books." --- George Costanza.
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Re: Crime & Justice
[Re: olivant]
#695079
02/07/13 02:25 PM
02/07/13 02:25 PM
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Joined: Feb 2005
Posts: 11,468 With Geary in Fredo's Brothel
dontomasso
Consigliere to the Stars
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Consigliere to the Stars

Joined: Feb 2005
Posts: 11,468
With Geary in Fredo's Brothel
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Oli don't you see court proceedings as something akin to Kabuki theater? I mean basically the lawyers are the writera, directors, producers and actors. The witnesses are performers, and they tend to ad lib their way into trouble or out of it in totally unpreictable ways no matter how well prepared they are. The judge is a referee/parental figure. And all the time the "performance" is governed by very rigid rules by which the show goes on... rules of evidence, rules of procedure, standing up at the right time, asking permission to apprach the witness, etc.
"Io sono stanco, sono imbigliato, and I wan't everyone here to know, there ain't gonna be no trouble from me..Don Corleone..Cicc' a port!"
"I stood in the courtroom like a fool."
"I am Constanza: Lord of the idiots."
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Re: Crime & Justice
[Re: dontomasso]
#695090
02/07/13 03:39 PM
02/07/13 03:39 PM
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Joined: Feb 2003
Posts: 15,030 Texas
olivant
OP
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OP

Joined: Feb 2003
Posts: 15,030
Texas
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While your description of the participants is fairly representative, I don't agree that it is theater. As long as our justice system is adversarial, its protagonists will need to maneuver through it to achieve the desired outcome.
In Texas alone we have 254 counties each of which has at least one felony court (and God knows how many inferior courts). Thus, we have about 450 felony courts. When one considers the range of varying characteristics, training, experiece, and eduction that accrue to all of those prosecutors, defense attorneys, judges, witnesses and defendants, it's a wonder that there is any continuity in our justice system. Of course, due process and trial procedure are subject to variations, interpretations, etc., so the outcomes are likely to vary.
"Generosity. That was my first mistake." "Experience must be our only guide; reason may mislead us." "Instagram is Twitter for people who can't read."
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Re: Crime & Justice
[Re: olivant]
#695946
02/11/13 10:35 PM
02/11/13 10:35 PM
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Joined: Apr 2002
Posts: 25,984 California
The Italian Stallionette
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Joined: Apr 2002
Posts: 25,984
California
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Speaking of Dorner, they STILL have not captured him. I heard earlier that a Home Depot(not sure where) received a tip of a possible Dorner citing. The swat team showed up at the store but no Dorner. I wonder IF this guy could have killed himself?? If not, I seriously doubt he's in the Big Bear area. TIS
"Mankind must put an end to war before war puts an end to mankind. War will exist until that distant day when the conscientious objector enjoys the same reputation and prestige that the warrior does today." JFK
"War is over, if you want it" - John Lennon
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Re: Crime & Justice
[Re: The Italian Stallionette]
#696025
02/12/13 12:04 PM
02/12/13 12:04 PM
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Joined: Apr 2002
Posts: 25,984 California
The Italian Stallionette
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Joined: Apr 2002
Posts: 25,984
California
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I just heard that Dorner (Psycho cop) purchased scuba equipment in Torrance (I think), CA. Hmmm He definitely planned this out. I'm sure we'll hear more but I think he's out of California by now.  TIS
Last edited by The Italian Stallionette; 02/12/13 12:05 PM.
"Mankind must put an end to war before war puts an end to mankind. War will exist until that distant day when the conscientious objector enjoys the same reputation and prestige that the warrior does today." JFK
"War is over, if you want it" - John Lennon
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Re: Crime & Justice
[Re: olivant]
#696083
02/12/13 03:55 PM
02/12/13 03:55 PM
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Joined: Apr 2006
Posts: 11,797 Pennsylvania
klydon1
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Joined: Apr 2006
Posts: 11,797
Pennsylvania
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Kly, the LA DA has issued an arrest warrant for Dorner that allows him to be arrested anywhere and without bail. Why? Arrest warrants are serviceable anywhere, aren't they? Also, bail is a function of arraignment correct? Arrest warrants are serviceable anywhere, and if someone is arrested on a warrant from another jurisdiction, it's usually because the defendant was detained initially for some other reason, like a traffic ticket. My guess is that the arrest warrant, issued by LA County, is seeking to have neighboring jurisdictions and states play a more active role in apprehending him. The requirement about holding him without bail is superfluous if he is apprehended out of state as he would automatically have a detainer placed on him until extradition. I don't think any jurisdiction would entertain a thought of imposing bail, which takes into account the risk of flight and safety to the public. Dorner scores big zeros on those factors, but the DA and LAPD are desperate and frightened.
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Re: Crime & Justice
[Re: olivant]
#697721
02/19/13 01:47 PM
02/19/13 01:47 PM
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Joined: Apr 2002
Posts: 25,984 California
The Italian Stallionette
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Joined: Apr 2002
Posts: 25,984
California
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The beat goes on:
"Three people were killed and another wounded by a California gunman who went an on early morning spree of shooting and carjackings before he killed himself when confronted by police. Police in Tustin, Calif., have yet to identify the shooter as they work several crime scenes where the gunman stole cars and shot at people using two rifles." Oli, I'm just tuning in to the local news. Sounds like he hijacked several cars, 2 people shot. I use to live in Tustin and it's not far from me. News conference to start shortly. I wonder what the heck his motive was? TIS
"Mankind must put an end to war before war puts an end to mankind. War will exist until that distant day when the conscientious objector enjoys the same reputation and prestige that the warrior does today." JFK
"War is over, if you want it" - John Lennon
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Re: Crime & Justice
[Re: olivant]
#702022
03/10/13 10:28 PM
03/10/13 10:28 PM
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Joined: Apr 2006
Posts: 11,797 Pennsylvania
klydon1
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Joined: Apr 2006
Posts: 11,797
Pennsylvania
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Kly and DT:
The jury in the Jodi Arias trial submitted almost 200 questions to the judge. I thought such a submission was only permitted during deliberations. Arizona is one of the few jurisdictions that allow juries to submit questions to witnesses during the trial. As you know, examination and cross-examination are limited to trial counsel. Submitting so many questions is really a slap in the face of the prosecutor as it suggests that his cross of the defendant was deficient. Of course, any juror question is subject to the same evidentiary rules and either side may pose objections. Juries in all jurisdictions may submit written questions to the judge while deliberating. The questions are reviewed with the attorneys in private and they discuss how the question will be answered before the jury is reassembled. Normally these questions involve matters of law outlined during the judge's jury instructions, such as "what are the elements of the crime" or "what is reasonable doubt." In PA and many other jurisdiction when jurors ask questions about specific points of testimony, they are told to use their recollection to the best of their ability. Transcripts are not provided, nor are statements reread for this purpose. I frankly don't favor allowing the jurors to ask direct questions of the witnesses as I don't think it is useful in the fact determining process. A prosecutor can and should sufficiently prepare examination questions to support his or her case in an organized fashion. Jurors, unschooled in the elements of particular crimes, are prone to inquire into matters, which may be irrelevant or unduly prejudicial.
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