Recently in Notorious Cases Category
Since the daring January 22 escape, word has circulated that the English-as-a-second-language teacher, Nooshafarin Ravaghi, and one of the escapees, Hossein Nayeri, had a relationship that was "close" and "personal," highly atypical for a prison teacher and an inmate, not to mention inappropriate and completely banned. It is believed that Ravaghi provided Nayeri and two other inmates, Bac Duong and Jonathan Tieu, with a printed photograph from Google Earth to help them escape from the maximum-security facility. Authorities believe she may have helped them on the outside as well.
Personally, I have little use for people who protest by occupying property that is not theirs and has nothing to do with the dispute. That goes for the Occupy movement of a few years ago, the current protest, and all the way back to the Vietnam War when protesting students staged sit-ins at campus facilities that had nothing to do with the war.
The sit-ins at segregated lunch counters during the civil rights movement were different. The lunch counter operators were perpetrators of the injustice at issue.
The main beef of the current occupiers is the violation of their constitutional right to graze cattle on land that does not belong to them without paying fees to the owner of the land, i.e., the federal government. I don't recall reading that in the Constitution, but maybe it's part of the "living document."
McCarthy's article is a goldmine about how the federal criminal justice system works on the inside, and well worth your read. Sentencing reform is getting as far as it is only because the public has no idea about how many breaks for criminals are already built into the system, though hidden from view.
Mandatory minimum sentences and strict sentencing guidelines for serious offenses were enacted precisely because judges, often in collusion with prosecutors [Ed. note: and virtually always at the urging of defense counsel], were systematically releasing serious offenders, allowing them to continue preying on society. While the "man-mins" and guidelines helped dramatically reduce crime, the left-leaning legal profession agitated against them. One result is "fact" pleading -- the sort of shenanigans that we see in the Hastert case: a willfully false rendition of the facts in order to sidestep sentencing enhancements required by law.
That is what sentencing "reform" has in store for us. The proposals may call for careful judicial fact finding before a felon is released. But the law already calls for careful judicial fact finding when the felon is sentenced. What we frequently get, instead, is careful judicial evasion -- often aided and abetted, it must be noted, by the Justice Department. It may be that careful fact finding would result in the release of some prisoners who should be released; but the breed of "fact" finding we are apt to get from sentencing "reform" will result in the mass release of incorrigible, violent criminals.
Police said Howard's arrest record goes back to when he was 13. In sum, the allegations included assault, robbery and a total of nine for the criminal sale of a controlled substance. Howard also had a record of two arrests for the criminal possession of marijuana, and others for public lewdness, criminal trespass and conspiracy.Easy enough to say after the fact, but did he meet the criteria for these programs as they are actually administered?
Last year, Howard was placed in a drug diversion program meant to spare jail time for drug offenders to ease jail overcrowding. Police Commissioner Bill Bratton said that move was an incredibly bad idea.
"If ever there was a candidate for someone not to be diverted, it's this guy," Bratton said. "He's the poster boy for not being diverted."
WASHINGTON--The Supreme Court Monday granted former Virginia Gov. Bob McDonnell's plea to avoid prison while he pursues a last-ditch appeal of his convictions on federal corruption charges.Chief Justice Roberts issued a stay pending consideration of the government's response last Monday. He then referred the stay application to the full court, which granted it today.
Mr. McDonnell was sentenced to two years' imprisonment following his January conviction on what federal prosecutors characterized as a "quid pro quo bribery scheme" with a Virginia businessman seeking to promote a dietary supplement product.
In an unsigned order, the justices said Mr. McDonnell need not report to prison while he prepares his Supreme Court appeal, which the justices will then consider whether to hear.
This post back in 2012 discusses the quirks of the jurisdiction of individual Justices and the full Court to issue stays.
Sal Perricone, a high-ranking prosecutor in the U.S. Attorney's Office, using a fake name, posted commentary on Nola.com, the website of the Times-Picayune, that (in the words of the Court of Appeals) "castigated the defendants and their lawyers and repeatedly chastised the New Orleans Police Department as a fish 'rotten from the head down.'"
Perricone was joined in this outrageous misconduct by Jan Mann, the first assistant to the U.S. attorney.
Meanwhile, back in Washington, Karla Dobinski, a veteran of Holder's Civil Rights Division, also posted inflammatory commentary under at least one assumed name. Ironically -- appallingly -- Dobinsky was part of the DOJ "taint team" in this case. As such, she was assigned to protect the civil rights of the indicted defendants.
The whole appalling story is here.
Colorado theater shooter James Holmes will be sentenced to life in prison without parole after a jury failed to agree Friday on whether he should get the death penalty for his murderous attack on a packed movie premiere.
The nine women and three men said they could not reach a unanimous verdict on each of the murder counts. That automatically eliminates the death penalty for the failed neuroscientist, who blamed his calculated murders of 12 people on mental illness.
A rule of law that says the opinion of one juror can trump the opinion of the other eleven borders on insane. We would never consent to such a rule for the guilt verdict. In no state of the union does a jury hung 11-1 for conviction produce an acquittal. Why does any state have such a rule for the penalty phase?
States that have this crazy rule need to get rid of it. A hung jury on penalty should trigger a retrial with a new jury, as it does in California and Arizona.