Showing posts with label court. Show all posts
Showing posts with label court. Show all posts

Jury Nullification: A Concept Every American Should Learn

by Kevin Mathews.     A juror can insist on justice. Did you know that, no matter the evidence, if a jury feels a law is unjust, it is permitted to “nullify” the law rather than finding someone guilty? Basically, jury nullification is a jury’s way of saying, “By the letter of the law, the defendant is guilty, but we also disagree with that law, so we   ... MORE

A. Barton Hinkle: Courts Let Cops Get Away With Murder

Government protects itself, because it can. The police can break into your home unlawfully and shoot you dead, and nobody is at fault for that except you. The 4th Circuit Court of Appeals, once considered one of the most conservative in the country, has moved to the left in recent years. But if you think that means it is showing a greater    ... MORE

Tom Knapp: J-U-R-Y does not spell 'rubber stamp'

It's getting harder to prosecute victimless crimes. Break out the world’s smallest violin for prosecutors in Alachua County, Fla. They’re having problems finding citizens who will jail other citizens for marijuana possession. In one recent case it took hours to weed out (pun intended) prospective jurors who didn’t think marijuana should be illegal.  ... MORE

Fed Court Rubber Stamps Continued NSA Spying For Now

by Dustin Volz.    A federal court has again renewed an order allowing the National Security Agency to continue its bulk collection of Americans' phone records, a decision that comes more than a year after President Obama pledged to end the controversial program. The Foreign Intelligence Surveillance Court approved this week a government request to  ... MORE

Ignorance No Excuse for Wrongdoing, Unless You’re a Cop

by John W. Whitehead.        With Orwellian irony, the U.S. Supreme Court chose December 15, National Bill of Rights Day to deliver its crushing blow to the Fourth Amendment. Although the courts have historically held that ignorance of the law is not an excuse for breaking the law, in its 8-1 ruling in Heien v. State of North Carolina, the   ... MORE

It Is Now A Felony for Illinois Citizens To Record Cops

by Matt Agorist.      Government cockroaches prefer darkness to light. In March of this year the Illinois Supreme Court struck down the state’s eavesdropping law, and rightfully so, as it was touted as the most unconstitutional law of its kind in the country. But Illinois, being the the corrupt and violent police state that it is, couldn’t let their    ... MORE

J D Tucille: NH Supreme Court Guts Jury Nullification Law

The judges want more law enforcement, less justice.    State snatches more power from the people. Insisting "It is well established that jury nullification is neither a right of the defendant nor a defense recognized by law," the New Hampshire Supreme Court this morning eviscerated a law that was openly intended and widely     ... MORE

Hollow Justice In Age Of Government-Sanctioned Tyranny

by John W. Whitehead.     “The Constitution is not neutral. It was designed to take the government off the backs of the people.”—Justice William O. Douglas   With every passing day, it becomes more apparent that we live in an age of hollow justice, with government courts, largely lacking in vision and scope, rendering narrow rulings focused on  ... MORE

E Harrington: Federal Court Rules Against First Amendment

Court says schools can prohibit American flag apparel.     A Ninth Circuit Court of Appeals ruling could have wide implications that limit free speech rights in schools, according to the lawyer who defended students who wore the American flag to school. More than four years after students were sent home for wearing American flag t-shirts on   ... MORE

Jacob Sullum: Federal Appeals Court Rebukes Florida Cops for Using SWAT-Style Raids to Check For Barbers' Licenses

Government pit bulls tethered by court.   Today a federal appeals court rebuked police in Orange County, Florida, for mounting a warrantless, SWAT-style raid on a barbershop under the pretense of assisting state inspectors. "We have twice held, on facts disturbingly similar to those presented here, that a criminal raid executed   ... MORE

Frank Parlato: Jurors Have A Right to Judge the Law

Learn an important principle of freedom.        It has long been assumed that juries judge the facts and the courts judge the law. But Georgia v. Brailsford (1794) is the precedent that explains why that is a hasty assumption. It sets a precedent that the jury can also judge, and if it wishes, veto any law. Take a moment to understand what      ... MORE

California Identifies Unconstitutionality Of Teacher Tenure

by Howard Blume, Stephen Ceasar.  Unions squeal like stuck hogs. The ruling Tuesday by a Los Angeles County Superior Court judge that struck down job protections for teachers in California as unconstitutional will undoubtedly spawn a series of appeals that could last years before a final outcome is reached. But some contend that is too long of a ... MORE

Appeals Court Supports 6th Amendment, Jury Nullification

by Joe Wolverton, II.       ALERT: Court upholds Constitution! Like a scene from Perry Mason, Juan Salazar, a man accused of several gun- and drug-related crimes, rejected his attorney’s advice and took the stand, completely confessing his guilt. Whereas in Perry Mason, such a statement would have led to the slender, male jury foreman    ... MORE

Why Every American Needs to Learn This Taboo Verdict

by Kevin Mathews.      Learn about Jury Nullification. Did you know that, no matter the evidence, if a jury feels a law is unjust, it is permitted to “nullify” the law rather than finding someone guilty? Basically, jury nullification is a jury’s way of saying, “By the letter of the law, the defendant is guilty, but we also disagree with that    ... MORE

Federal Court Upholds Warrantless Entry; Gun Confiscation

by Bruce Vielmetti.     Milwaukee police who forced their way into a gun rights advocate's home without a warrant, took her for an emergency mental evaluation and seized her gun were justified under the circumstances and protected from her civil rights claims, a federal appeals court has ruled. Krysta Sutterfield, who twice made news        ... MORE

Scott Johnson: The Courts Will Not Save Us

Just another branch of the federal government.     George Will seems to me the preeminent political columnist of our era, with the possible exception of Charles Krauthammer. Will and Krauthammer are in a league of their own. Both are conservatives, of course, and you have to wonder who the liberals can put up against them. Tom      ... MORE

Alaska House Bill Promotes Jury Nullification

by Richard Mauer.       The last defense against unjust laws. A House bill promoting the notion that jurors can ignore Alaska's criminal code and let a lawbreaking defendant off the hook had a brief hearing Wednesday in the House Judiciary Committee, then was held for later. The bill, fostering "jury nullification," has been a bipartisan favorite of   ... MORE

S.M. Oliva: Michael Jordan Vs. Free Speech

Circuit court ruling gives fame a First Amendment veto.     In 2009, Michael Jordan's entry into the Naismith Memorial Basketball Hall of Fame was marred by a “petty and punitive” speech focused more on settling old scores than celebrating his legendary career. As Yahoo Sports columnist Adrian Wojnarowski wrote at the time: “This wasn't a    ... MORE

It's Not A Right If Only The Sheriff's Pals Get To Hold Guns

by Steven Greenhut.         A “right” is an “entitlement” that’s not dependent on the whims of authorities. If you have a right to “free speech,” then you can speak as you choose. The courts let the government enforce a few standards, but it wouldn’t be a “right” if government officials got to preview and restrict what you were    ... MORE