Friday, November 2, 2012

Jury Nulification --our duty?

When a jury finds a defendant not guilty, not because they don't believe the defendant committed the act, but because the jury thought the law, itself, was not valid, it is called Jury Nullification.  The impression I always had was that when a Jury did that it was somewhat "illegal."

However, I received an e-mail today that had these quotes from founding fathers:

Quotations and Comments on Fully Informed Juries

THOMAS JEFFERSON (1789): I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.

JOHN ADAMS (1771): It's not only .. (the juror's) right, but his duty ..to find the verdict according to his own best understanding, judgement, and conscience, though in direct opposition to the direction of the court.

JOHN JAY (1794): The jury has a right to judge both the law as well as the fact in controversy.

ALEXANDER HAMILTON (1804): Jurors should acquit even against the judge's instruction...."if exercising their judgement with discretion and honesty they have a clear conviction that the charge of the court is wrong.”

Sunday, August 26, 2012

HE WATCHED HIS WIFE DIE, THEN FELT HEAT OF LAW | UTSanDiego.com


It is clear we need a change to this obscure 19th century law referred to in this article. Those of us who have completed all of the necessary documents, such as a living will, should be able to record those documents as our final wishes. If those wishes include the right to commit suicide, with assistance, when the pain and our future becomes unbearable, the law should then be on our side. Anyone, including misguided prosecutors and police, should be charged with violating the law, if they interfere with the assisted suicide, or prosecute loved ones who assisted.
HE WATCHED HIS WIFE DIE, THEN FELT HEAT OF LAW | UTSanDiego.com:


Sunday, July 22, 2012

For Palm Springs man, grief and anger over an end-of-life decision - latimes.com

Here is another example of our police and judicial system being out of control.

For Palm Springs man, grief and anger over an end-of-life decision - latimes.com:

If 87 year old Bill Bentinck had died while being treated badly in jail, how would the police and prosecutors have felt?  Even as it is, he may have done irrepariable harm to his bladder and kidneys.

Yes Mr. Bentinck deserves an apology from the police.  I also believe that someone in the police department deserves a letter of reprimand, as a minimum.  His treatment was uncalled for.  If they don't have it already, the police certainly need to have some leeway and flexibility in handling arrests of elderly people, who are not a risk to them.
I ask myself, If I were in the same situation with my wife critically ill, what would I have to do to avoid the humiliation and mistreatment by the police?  With the large baby boom generation now in their 60s, this could get even worse The police departments of every city need to publicize exactly how a citizen should handle these end-of-life situations to avoid all of this.  Should people who are clearly near the end of life "register" with the police and provide a copy of their "do not  resuscitate"   Maybe there does need to be a "registry" for documenting and recording end-of-life wishes.  Hospitals and police departments routinely trample over the end-of-life desires of individuals, and the result is an increase in the cost of unnecessary medical care, increase in cost of police and judicial system operations, and the loss of dignity of the elderly.  

Sunday, June 3, 2012

Witnesses shocked by fatal shooting by deputy in Oceanside

This is a sad story about a very disturbed young man, named Elwood White who was apparently shot by police for no apparent reason.   :
EXCLUSIVE: Witnesses shocked by fatal shooting by deputy : Oceanside:

It sounds like he was a relatively normal man, and was well-liked.  His family claims they don't understand either .  Of course, we wouldn't expect the family to say anything different.  Maybe we'll learn more later.

I will be interested in hearing the toxicology tests to see if he was under the influence of some drug.  I also hope they do a good autopsy.  Maybe he was having some sort of a stroke that could cause such bizarre behavior.

I also hope that the police have video of the complete situation.  It seems that most police forces have now enabled their officers with portable recording devices.  With all of the many eye witnesses describing and alleging unnecessary force used by the officer to kill the suspect, it would be good to have some "hard evidence" of what actually happened.

It seems to me that police need some training and equipment to handle situations like this.  Maybe a net thrown over the suspect could have subdued him safely.  Spray with a sticky substance to slow him down?  Yes, tazers. pepper spray, and rubber bullets might have slowed the suspect down, but also could have permanently injured him if he was having some sort of medical emergency.

The suspect was clearly outnumbered by a large group of police from Oceanside and Vista. We're they trying to show off to each other how tough they were?   Why would any officer be afraid of a man with a stick in that situation?  Why not shoot to wound, instead of kill?  Why wouldn't they give him emergency first aid after being shot?

I also wonder about the police always having an "internal investigation" after a shooting like this.  It always appears that by doing this, the police are taking the opportunity to "get their story straight" before letting anyone from "outside" investigate and get an independent, unrehearsed description of what happened from each officer on the scene.

Friday, May 18, 2012

VISTA: Cameraman convicted of obstructing police : Vista

I'm amazed that a Jury convicted this guy, and the Judge actually thought there wasn't enough evidence to convict.

VISTA: Cameraman convicted of obstructing police : Vista:

I think US Citizens have the right to take photos/video of any police action.  The police now have cameras on us--but why can't we video them?    Yes, I do understand that the police need our respect and patience when there is a crisis or an "action" underway.  They are often confronted with large crowds of bystanders, who can be more of a problem than the situation they have been called for.

It would have been nice to have a video of what actually happened in this case.  Was the photographer really in the way of the police?  Did they really think the photographer was going to detonate a bomb with his cell phone?    I get the impression that the police just do not want photographers around them, and I think they really wanted to harass this particular one.

I hope they do appeal, and I hope they overturn the conviction -- even though there really is no "sentence" -- I think there is an important principle involved.

Friday, May 4, 2012

The Decline of Violence: Scientific American

It appears that many in the world feel that violence has been increasing and that we are much more unsafe today than people were 50, 100 or 500 years ago.  According to this article in Scientific American, that isn't true.

The Decline of Violence: Scientific American:

I think part of the reason for the public opinion of increasing violence, is that we are more aware of the violence that does occur, because of the tremendous improvement in international news reporting, with video and graphic detail.  Many of the occurrences of violence would probably have never even been discovered, let alone reported in previous decades or centuries.  Family violence, for example, happened, but was accepted, and nobody seemed concerned about it.

Also, I think there are "vested interests" in publicizing the violence that occurs.  The news industry has found that reporting of violent acts increases readers/listeners/viewers, and thus revenue.  The police, judicial, and military industries and their associated lobbies would like to keep the awareness up so they can increase their budgets, numbers of personnel, and/or sell more tools or weapons.

Sunday, April 22, 2012

‘Cruel and unusual punishment,’ then and now - BostonHerald.com

I generally do NOT agree with anything that George Will writes.  I'm amazed that he has expressed concern about prosecuting children as adults.
‘Cruel and unusual punishment,’ then and now - BostonHerald.com:
I also hope the Supreme Court agrees that we should not punish children the same as adults.  Judges need to be permitted to use judgment...that's their job!

GREENHUT: Are we sliding toward a police state?

It is pretty clear that freedoms in the US are being eroded.  The war on drugs and supposed war on terrorism has accelerated the loss of rights and freedoms.  It is interesting that many writers and columnists are noticing it also.  Greenhut wrote a very good editorial in today's North County Times.
GREENHUT: Are we sliding toward a police state?

This article, also in today's newspaper describes how police arrested a 6 yr old little girl in her classroom for "throwing a tantrum"...http://www.cbsnews.com/8301-504083_162-57415156-504083/six-year-old-girl-handcuffed-and-arrested-for-throwing-tantrum-at-georgia-elementary-school/
Here is the youtube news report: http://www.youtube.com/watch?v=zAAcsy4-Jjk

I can sympathize with the police -- they have legitimate concerns for their own life and safety when encountering unstable people.  I can also sympathize with teachers who have concerns about their own safety and the safety of other classmates when a student is completely out of control in a classroom.  However there must be some other way for our soc

Sunday, February 12, 2012

SAFE California initiative can eliminate the death penalty mess - latimes.com

I think I voted for this in 1977 --because it was supposed to streamline the death penalty process. But I'm not sure how I voted.

SAFE California initiative can eliminate the death penalty mess - latimes.com:

It is now interesting that Briggs now admits it didn't work. I do like the life sentence now.

'via Blog this'

Saturday, January 14, 2012

ESCONDIDO: Men whose car window was broken at checkpoint found guilty of resisting officer

It is clear that Escondido's new law against "Driving while Hispanic" will need to be tested in higher courts before it becomes a legal law. These two men apparently are attempting to test that law.
ESCONDIDO: Men whose car window was broken at checkpoint found guilty of resisting officer:

Are all Americans required to put their window down all the way when stopped by a police officer? Or is it resisting arrest to not do so? On our car, the driver's window didn't work for many years. Would we be accused of resisting arrest? Would the police break our window. I assume the police wouldn't pay to repair a window they broke either.

In this Escondido situation, the police aren't trying to find DUIs, Smugglers, or other violations -- they are only trying to find illegal immigrants to harass. Is that a crime worthy of further eroding our rights as citizens?

The requirement to open a window to avoid a charge of resisting arrest is a "slippery slope." Do we have to open our car door? Do we have to open our trunk? Do we have to show them the contents of our cell phone, ipod, laptop? Do we have to submit to a strip search?

It isn't clear to me that our law enforcers -- to include police, prosecutors, and judges, are using common sense.

Thursday, January 12, 2012

Guantanamo's rule: Once a 'terrorist,' always a terrorist - chicagotribune.com

The US has always been a "beacon" of justice, and has shown the world how to treat people suspected of crimes fairly. We have acted as a yardstick for other countries to measure their justice system against. However over the past 50 or 60 years our justice system has gradually eroded. This editorial I found in the Jan 11 2012 LA Times points out how absurd our policy towards the Guantanamo Bay detainees has been. They've been there for 10 years! The right-wingers continually claim that the ones we have let go are now back at work as terrorists --and, of course, people believe those statement. Even though, there is no solid information--or even a system for collecting such information.

Guantanamo's rule: Once a 'terrorist,' always a terrorist - chicagotribune.com
:

I think our country could do a lot better! And we could do it at a lot less cost to the taxpayer!