Archive for: August 2007

August 31, 2007

A Note on the Fifth

Filed under: Constitution,Fifth Amendment,Law - 31 Aug 2007

The fifth Amendment to the Constitution guarantees no citizen “shall be compelled in any criminal case to be a witness against himself.” Neither prosecutor nor jury nor judge can compel a defendant to take the witness stand in his …

August 30, 2007

Democratic Divisions on Terrorism

Filed under: News,Terrorism - 30 Aug 2007

Today’s Washington Post has a story Democratic Divisions on how to approach the Bush Administration’s over-reaching tactics in the war on terror, specifically the warrantless eavesdropping program. One quote in particular grabbed my attention (from the Post):…

August 29, 2007

Restitution as Punishment

Filed under: Crime,Criminal Law - 29 Aug 2007

The traditional purposes of punishment in the criminal law in this country, I’m lead to understand, are common sense. Restraint, retribution, rehabilitation and deterrence. In recent years, however, the idea that punishment …

August 28, 2007

The Astronaut and the Insanity Defense

Filed under: Criminal Law,Law,News,Trial - 28 Aug 2007

Former NASA astronaut Lisa Nowak – the woman who, to our shock and guilty little delight, stalked and attacked her romantic rival, Captain Colleen Shipman, at the conclusion of an astronautic love triangle – will use the …

August 27, 2007

Gonzales Resigns

Filed under: DOJ,News,Politics,White House - 27 Aug 2007

Alberto GonzalesMr. Gonzales will announce his resignation as Attorney General today, bringing to an end an era of nearly unparalleled incompetence and dishonesty in our highest legal office. Mr. Gonzales has offered false testimony …

August 26, 2007

Transferred Intent

Filed under: Crime,Criminal Law,Law - 26 Aug 2007

JailAs a general rule, the doctrine of transferred intent (and I’m speaking in the context of the criminal law here) only holds …

August 25, 2007

IL Gets Tough On Drunk Driving

Filed under: News,State Law,State Legislation - 25 Aug 2007

First time drunken-driving offenders in Illinois will now will have to pass a breath test every time they get behind the wheel, under legislation signed into law Friday.

The measure, among the strictest in the nation, would require an estimated 30,000 …

August 24, 2007

Causation Problems in the Criminal Law

Filed under: Criminal Law - 24 Aug 2007

I was reading a little bit about causation in the criminal law last night. There is not usually any problem with causation in criminal trial – the debate is concerns whether the defendant caused the crime or did not, …

August 23, 2007

Rape Suspects In NY Can Be Forced To Take HIV Tests

Filed under: Law,News,State Law - 23 Aug 2007

New York Governor Eliot Spitzer signed a bill today that will require suspects of rape to undergo HIV testing, at the victim’s request. Results would be available to both the victim and the suspect.

Most states already allow – …

August 22, 2007

The Vietnam Analogy

Filed under: Bush,Iraq,News - 22 Aug 2007

It has not been uncommon over the last several words to hear allusions to the “v word” – Vietnam. Supporters of the war have squashed any analogy with our Asian adventure, often claiming that Iraq is a very different …

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