When the State Batters Women

Battered woman

More than once recently, I’ve had reason to be involved in discussions regarding “victims” who do not wish to testify against their alleged abusers in domestic violence cases. Most of these “victims” are women, though not all are. In some cases, I’m defending the alleged abuser; in others, I’m providing legal advice to the “victim” who wishes not to testify; in still others, it’s a more philosophical exercise — arguing the issue with ignoramuses on the Internet.

When working the cases, the hardest part is not that one human being might be abusing another and then is essentially being allowed to escape punishment because the “victim” won’t testify. Not at all.  [Read more...]

A New Kind of System

Angry Officers

Scott Greenfield may not be blogging anymore, but he’s still a good resource for keeping up with things.1

“If you or I did that to somebody on the outside, you’d be sitting in jail talking to (an attorney)” Arcesi said.

But, as I mentioned in yesterday’s post, those responsible for enforcing our laws take a different approach when it comes to their own behaviors.  [Read more...]

Endnotes:
  1. Yes, the original tweet came from Radley Balko, who I also follow, but I wouldn’t have seen it without Scott’s tweet. []

When Law ENFORCEMENT Doesn’t Like the Law

Marijuana

By now it should be no secret that many local government officials — at least in Central California — do not believe that there is any way in which medical marijuana can be legally possessed, used, cultivated, transported, or sold anywhere in the United States. This specifically means that in any city or county in California that decides it shall not happen, it will not happen, regardless of what the law “on the books” states.

Since the law as written does allow medical marijuana to be legally possessed, used, cultivated, transported, or sold in California, the problem for such cities and counties has been how to get around the law. So far, though, that has proven to be a very small problem: the courts also disapprove of the law and have done everything possible to help the cities and counties subvert it, all the while pretending to uphold the utility of the law as to individual patients.

[Read more...]

The Way SWAT Does Business

Lenco Bearcat G3

An article on Wikipedia — usually, if not always, a fair source of reliable information — notes:

The establishment of a standing army in Britain in 1685 by King James II and the later assumption of control over the British colonies in America by the British Army were controversial, leading to distrust of peacetime armies too much under the power of the head of state, versus civilian control of the military, resulting in tyranny.

Thomas M. Cooley, a Justice of the Michigan Supreme Court and the Jay Professor of Law at the University of Michigan, complained in his book, first published in 1868, that for those employed in such armies, “insult and outrage may appear quite in the line of duty.”1

Today, few consider such namby-pamby concerns, fewer still even remember that the concerns were once prevalent amongst Americans, nor why.

[Read more...]

Endnotes:
  1. Thomas M. Cooley, A Treatise on the Constitutional Limitations which rest upon the Legislative Power of the States of the American Union 309 (7th ed. 1903). []

Money-Grubbing Lawyers

Money Grubber

First thing this morning, my blog received a visit from some unnamed individual who bravely took me to task for “not caring” about doing my job. The basis of the pseudonymous complaint was the thought that instead of “moaning and whining” on my blog, I should “get off [my] butt and away from [my] keyboard and get involved and get it fixed.” The publicity-shy soul further indicated that lawyers like me don’t really care about anyone’s liberty and rights unless it impacts — as in “improves, or at least does not harm” I guess — our wallets.

Clearly, the unnamed individual does not know me, or anything about me. Or most other criminal defense attorneys, for that matter.

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Call Somebody Who Cares

Dimes

When I was in high school, a common taunt when anyone complained about something was, “Here’s a dime: call somebody who cares.”

Thing is, in the 1970s, if you wanted to actually follow that advice, it wasn’t much of a problem. You simply offered to accept the dime — later a quarter — found a phone booth, and dialed the number you’d memorized for those who might actually care.

As Stephen Petrick recently learned, it doesn’t quite work that way anymore.

[Read more...]