Free Republic

There is a curious story out this weekend on reported FBI raids of writers or associates of Project Veritas, the conservative investigative journalism outfit. Project Veritas has been described variously as “Gonzo” or “guerilla” journalism and some insist it is more of a political than a press organization. However, it fits the definition of journalism, in my view, and that makes the raids troubling. All the more troubling is the cause: the missing diary of President Biden’s daughter Ashley. The New York Times reported that the FBI searched two locations in New York in search of the “stolen” diary that...

In a major but likely controversial victory for free speech, the United States Court of Appeals for the Fourth Circuit overturned the conviction of a retired Air Force colonel for using a racial epithet at the shoe store on the Marine base at Quantico, Virginia. Jules A. Bartow, who is white, was arrested after a bizarre and disgraceful exchange with an employee, including the use of the “n word” with the African American woman. The highly offensive and repugnant language of Bartow was denounced by the court, but the unanimous panel still reversed T.S. Ellis III, Senior District Judge of...

Criminal laws and regulations in the United States have increased to absurd proportions in the past few decades, posing a growing threat to our constitutional liberties. There are nearly 5,000 criminal laws and an estimated 300,000 or more criminal regulations at the federal level alone. In fact, there are so many possible criminal offenses that Harvey Silverglate, a civil liberties attorney, contends the average American probably commits at least three felonies a day, most without knowing it. In April, the perils of overcriminalization were on full display when Brian Everidge traveled to Michigan with more than 10,000 bottles and cans,...

Abstract: This paper questions criminal law's strong presumption of free will. Part I assesses the ways in which environment, nurture, and society influence human action. Part II briefly surveys studies from the fields of genetics and neuroscience which call into question strong assumptions of free will and suggest explanations for propensities toward criminal activity. Part III discusses other "causes" of criminal activity including addiction, economic deprivation, gender, and culture. In light of Parts I through III, Part IV assesses criminal responsibility and the legitimacy of punishment. Part V considers the the possibility of determining propensity from criminal activity based on...

In recent years service as a successful crusading prosecutor has been a pathway to political success (See Giuliani and Spitzer, for example) and high paying positions in the private sector. At the same time, to me anyway, there was been an increasingly suspicious overreaching by too many prosecutors. The courts, bar associations and the Department of Justice are not exercising sufficient supervision of their work, for us to feel comfortable with the enormous power they wield

Government on Steroids? by: Emmanuel Opati, November 13, 2007 There is concern that the increasing over-legislation of the justice system by governments is adversely affecting traditional concepts of justice. Though there is need to ensure an orderly society, it is feared that increased government legislation in the criminal law may limit liberty and individual freedom. Speaking at the Heritage Foundation on November 5th, Judge Inigo Bing, Circuit Judge of Snaresbrook Crown Court in the United Kingdom (U.K.), said that “criminal law is by its nature authoritarian. And over-criminalization is more consistent with an authoritarian state than with a liberal democratic...

June 08, 2007 Prominent Law Professors Question Fitzgerald Appointment (updated) Clarice Feldman Early on in this case I described the Libby challenge to the constitutionality of the extra-statutory appointment of Fitzgerald. Now a number of prominent legal scholars have joined in on his side of the issue. They are doing so as the Judge must decide if Libby's appellate issues pose significant possibility of success to allow him to remain free pending his appeal. AP via SFGate.com: A dozen prominent law professors are questioning whether Special Counsel Patrick Fitzgerald had constitutional authority in the CIA leak trial that this week...

WASHINGTON (AP) - The Supreme Court ruled Thursday that Arizona's law on the insanity defense is not too restrictive in limiting evidence defendants can present at trial. By a 6-3 vote, justices affirmed the murder conviction of Eric Clark, who thought he was being pursued by space aliens when he killed an Arizona police officer. Clark, a paranoid schizophrenic who was a teenager at the time, is serving 25 years to life in prison. Under Arizona's law, defendants "may be found guilty except insane'' if they prove they were so mentally ill that they did not know what they did...

The prosecution of Lewis “Scooter” Libby has drama aplenty, though in its pre-trial phase, the action is visible only to those who carefully dissect the complex and dry language of seemingly-arcane filings with the court. Just before midnight last night Lewis Libby filed a Memo in Reply to the Government’s Response to the Defendant’s Third Motion to Compel Discovery. In what for non-lawyers may generally seem a dry discussion on a dispute about what documents in the government’s possession Fitzgerald must turn over to Libby to assist him in trial preparation, there are a number of blockbusters.

Fast track courts Poland has announced plans to cut lengthy delays in court cases for petty crimes to a mere twenty four hours. The fast track to justice scheme is designed to judge and sentence people in record time freeing up a huge backlog of cases. Observers say that such a scheme could be counterproductive and if implemented may result in unfair judicial practices. Ten years ago catching car thieves red handed and then bringing them to court for sentencing was a very lengthy process. Poland still has a backlog of some 200,000 cases on the books. In an effort...

Convicted killer Johnny Paul Penry, whose case helped spark national debate over whether mentally impaired inmates could be executed, had his death sentence overturned for the third time Wednesday. A divided Texas Court of Criminal Appeals sent the case back to trial for a new punishment phase in the 1979 slaying of an East Texas woman. The court ruling said jurors during his most recent retrial may not have properly considered his claims of mental impairment. Over more than a decade, the uneducated laborer became the face of mentally impaired killers across the country, winning two reversals from the U.S....

 Criminalizing The Transmission Of The AIDS Virus           The Centers for Disease Control and Prevention (CDC) reported that 60 percent of men with HIV infections are gay. But don’t look for that statistic in any of the national newspapers, or on the alphabet networks. It is not a popular subject.The N.Y. Times reported that a new strain of the AIDS virus is more powerful and untreatable saying that an infected man, gay and in his 40's, tested negative for H.I.V. in May 2003, then tested positive last December, health officials said. Investigators believe he may have contracted the virus in October...

WASHINGTON (Reuters) - In a major criminal law decision, a closely divided U.S. Supreme Court (news - web sites) ruled on Wednesday that federal judges no longer must follow the long-criticized sentencing guidelines in effect since 1987. The 5-4 ruling was a defeat for the U.S. Justice Department, which had defended as constitutional the federal sentencing guidelines that apply to more than 60,000 criminal defendants each year. Thousands of cases nationwide have been on hold awaiting a high court ruling. The decision, which makes the guidelines advisory instead of mandatory, was seen as the most important criminal law decision of...

CINCINNATI, Ohio (CNN) -- A Saturday celebration of African-American families and youth was tainted by a violent outburst. A large crowd of teens leaving a concert organized by the annual Midwest Regional Black Family Reunion Celebration became disorderly, tipping over garbage cans, tables, and chairs at the event on the city's south side, according to Lt. Kurt Byrd, a spokesman for the city's police department. ME: Did Reparations folks incide a riot and violate 18 USC Sec. 2101 (at http://uscode.house.gov/usc.htm )?