Stop calling the DA "the Government!" it hurts her feelings or something.
The defense responds..'Should this Court disagree, and feel inclined to let the parties basically pick their own designations and ban words, then the defense has a few additional suggestions....defense counsel does not wish to be referred to as a "lawyer," or a "defense attorney." Those terms are substantially more prejudicial than probative. See Tenn. R. Evid. 403. Rather, counsel for the Citizen Accused should be referred to primarily as the "Defender of the Innocent." This title seems particularly appropriate, because every Citizen Accused is presumed innocent. Alternatively, counsel would also accept the designation "Guardian of the Realm."'
posted by caddis
on Nov 3, 2013 -
The Superior Court of New Jersey's Appellate Division ruled
on August 27 that if, as you text someone, you have special reason to know that the intended recipient is driving and is likely to read the text message while driving, you as the texter have a duty to users of the public roads to refrain from sending the driver a text at that time. [more inside]
posted by roomthreeseventeen
on Oct 8, 2013 -
It all started with a simple tweet
. Nova Scotia commentator Parker Donham wanted to show his support of a local candidate by taking a picture of his marked ballot and posting it to his Twitter followers. Elections Nova Scotia
took a dim view of this violation of the Elections Act, and tweeted a reply: "please be advised that your action is being referred to the RCMP for investigation"
, stating it is illegal to bring a recording or communication device into the polling station. Donham defends his action
, and much controversy ensues
. [more inside]
posted by GhostintheMachine
on Oct 8, 2013 -
In Conversation: Antonin Scalia "On the eve of a new Supreme Court session, the firebrand justice discusses gay rights and media echo chambers, Seinfeld and the Devil, and how much he cares about his intellectual legacy ("I don’t")." [more inside]
posted by zarq
on Oct 6, 2013 -
"The question was not so much what the bracelets said
but whether school officials used reasonable judgment when they concluded that such apparel was inappropriate and might lead to more egregiously sexual and disruptive displays, all in the name of advocating a cause."
Special bonus: The knockers displayed in a Google ad running below the innocent image of a boobie-bracelet-bedecked wrist.
posted by Bella Donna
on Aug 7, 2013 -
Uruguay votes to create world's first national legal marijuana market
Proposals likely to become law, leading to innovative policies at odds with the 'war on drugs' philosophy.
The legalization of pot in Uruguay might embolden other Latin American governments to consider similar measures
Under Mr. Mujica, 78, an outspoken former guerrilla, Uruguay has emerged as a laboratory for socially liberal policies
. A small nation of 3.3 million people, the country has also enacted a groundbreaking abortion rights law, moved to legalize same-sex marriage and is seeking to become a center for renewable energy ventures.
posted by adamvasco
on Aug 1, 2013 -
"In his 2003 memoir Where The Money Is: True Tales from the Bank Robbery Capital of the World
, co-authored with Gordon Dillow, retired Special Agent William J. Rehder briefly suggests that the design of a city itself leads to and even instigates certain crimes—in Los Angeles’s case, bank robberies. Rehder points out that this sprawling metropolis of freeways and its innumerable nondescript banks is, in a sense, a bank robber’s paradise. Crime, we could say, is just another way to use the city."
posted by homunculus
on Jul 13, 2013 -
In a 5-4 ruling on Salinas vs. Texas, the SCOTUS ruled that silence can be used in court. (PDF)
Without being placed in custody or receiving Miranda warnings, Genovevo Salinas voluntarily answered some of a police officer’s questions about a murder, but fell silent when asked whether ballistics testing would match his shotgun to shell casings found at the scene of the crime. During his trial in Texas state court, and over his objection, the prosecution used his failure to answer the question as evidence of guilt. He was convicted, and both the State Court of Appeals andCourt of Criminal Appeals affirmed, rejecting his claim that the prosecution’s use of his silence in its case in chief violated the Fifth Amendment.
Analysis on SCOTUSblog
posted by dukes909
on Jun 18, 2013 -
Full opinion (dissent at page 33):
In what is arguably the most important criminal procedure case the Supreme Court has decided in decades, the Court today announced its 5-4 holding in Maryland v. King.
The majority opinion, authored by Justice Kennedy, held that the 4th Amendment allows states to collect and analyze DNA from people arrested (but not convicted) of serious crimes.
posted by eenagy
on Jun 3, 2013 -
In Reluctant Defense of the Curmudgeon Malcontents.
A Baltimore-area attorney explains how online marketing is hurting the legal profession: There is for the conscientious ethical attorney a balance between eremitic life in a Byzantine-era monastery and nonsense online carney barking, but none of these non-attorney folks deserve a seat at the table in that discussion. And the more you see of the online marketing nonsense that's out there, the more sympathetic you become to people with poor home training who reject that nonsense in language you wouldn't want uttered aloud in your grandmother’s house of worship.
posted by Cash4Lead
on May 8, 2013 -
Small Print, Big Problem (part I)
Imagine you’ve clicked on your computer screen to accept a contract to purchase a good or service—a contract, you only realize later, that’s straight out of Kafka. The widget you’ve bought turns out to be a nightmare. You take to Yelp.com to complain about your experience—but lo, according to the contract you have given up your free speech rights to criticize the product. Let’s also say, in a fit of responsibility, (a bit fantastic, I know) you happened to have printed out this contract before you “signed” it, though you certainly hadn’t read through the thing, which is written, literally, on a “twenty-seventh grade” reading level. Well, you read it now (perhaps with the help of a friend who’s completed the twenty-seventh grade). And you see that there was nothing in the contract limiting your right to free speech at the moment you signed it. That part was added later. Your friend with the twenty-seventh-grade education points to the clause in the contract in which you’ve granted this vendor-from-hell the right to modify the terms of the contract, unilaterally, at any time into the vast limitless future. [more inside]
posted by the man of twists and turns
on May 1, 2013 -
the Second Circuit Court of Appeals reversed
the lower court decision (Cariou v Prince
) determining that 25 of the 30 Richard Prince Canal Zone
paintings using appropriated images from Patrick Cariou's Yes Rasta
book fall under Fair Use. The remaining 5 paintings were remanded back to the District Court to determine if they also fall under the Fair Use Doctrine with the now clarified proper standard. previously
posted by snaparapans
on Apr 25, 2013 -