On the way back from the CLE at Williamsburg, I stopped in Bedford County and went to the D-Day Memorial. This unit is the one that I went through basic training in: 1st Platoon, Charlie Company, 1st Battalion, 26th Infantry Regiment.
Saturday, February 7, 2009
My Tie to D-Day
On the way back from the CLE at Williamsburg, I stopped in Bedford County and went to the D-Day Memorial. This unit is the one that I went through basic training in: 1st Platoon, Charlie Company, 1st Battalion, 26th Infantry Regiment.
Thursday, February 5, 2009
Hate Crime or Excessive Force?
HT to Corine Claxton, who pointed out this story on Twitter.
Newspaper articles about criminal allegations are almost invariably frustrating to read. They never give me the information I want in order to decide what I think actually happened. Jason Vassell's case is a perfect example. Almost all the characterizations of the evidence seem to come from the defense counsel or people dedicated to an absolute belief that the defendant is not guilty. However, even assuming the evidence is as portrayed it leaves me with some serious questions.
1) What started the event? Something's up. Did two white guys just pick a random black guy to harass? Possibly. However, breaking a window and then going into the lobby to pursue it further seems to indicate that something happened to stir emotions. There's something here we don't know about.
2) How did the knife come into play? Did Vassell pull it out of his pocket when he walked into the lobby and they bum-rushed him, or did he come out of his room ready to go with the knife in his hand?
3) Only one of the white guys charged? Did the other only stand around? Was the other guy just standing there or urging it on or trying to intervene to stop it?
4) How serious were the wounds? Are we talking slices (surgery=stitches) as Vassell waved the knife in front to keep the other two away or are we talking about multiple, major, once they were down, puncture wounds?
Honestly, I can't tell enough about the situation to know if the charges are justified. All I am sure of is that a fight took place and all parties left it injured. Everything else seems to be spin fed to the newspaper. It's just plain frustrating.
Newspaper articles about criminal allegations are almost invariably frustrating to read. They never give me the information I want in order to decide what I think actually happened. Jason Vassell's case is a perfect example. Almost all the characterizations of the evidence seem to come from the defense counsel or people dedicated to an absolute belief that the defendant is not guilty. However, even assuming the evidence is as portrayed it leaves me with some serious questions.
Vassell's lawyer, David P. Hoose, has said that Bowes and Bosse instigated the confrontation by shouting racial epithets at Vassell from outside his room, breaking his window, and attacking him in the lobby.What were the results?
Bosse and Bowes suffer[ed] from knife wounds, and Vassell’s nose was broken.The first article elaborates on the injuries somewhat (only information from prosecutor's office).
Vassell was charged with two counts of assault with intent to murder, two counts of aggravated assault and battery with a deadly weapon. Meanwhile, Bowes was charged with two hate crimes and disorderly conduct, and Bosse has not been charged at all.
Vassell stabbed John C. Bowes and Jonathan Bosse several times each during a confrontation. The two men underwent emergency surgery as a result of their injuries.This leaves me with all sorts of questions.
1) What started the event? Something's up. Did two white guys just pick a random black guy to harass? Possibly. However, breaking a window and then going into the lobby to pursue it further seems to indicate that something happened to stir emotions. There's something here we don't know about.
2) How did the knife come into play? Did Vassell pull it out of his pocket when he walked into the lobby and they bum-rushed him, or did he come out of his room ready to go with the knife in his hand?
3) Only one of the white guys charged? Did the other only stand around? Was the other guy just standing there or urging it on or trying to intervene to stop it?
4) How serious were the wounds? Are we talking slices (surgery=stitches) as Vassell waved the knife in front to keep the other two away or are we talking about multiple, major, once they were down, puncture wounds?
Honestly, I can't tell enough about the situation to know if the charges are justified. All I am sure of is that a fight took place and all parties left it injured. Everything else seems to be spin fed to the newspaper. It's just plain frustrating.
Wednesday, February 4, 2009
Me, My Dogs, and Snow
For those of you who come from places where they think the seasons are Hot, Drought, Hurricane, and Humid, here's what snow looks like:
Tuesday, February 3, 2009
How NOT to Deal With the Court of Appeals
I checked the Virginia Court of Appeals published opinions today. There was only one and it wasn't something you see often: the Court of Appeals directly finding someone in contempt of court.
What is required for a three judge panel to find an attorney in contempt?
1) File Notice of Appeal.
2) Move to withdraw as counsel per Anders.
3) Have court deny your motion to withdraw and order you to file an amended petition within 15 days.
4) Don't do it.
5) Have the court again order you to file an amended petition.
6) Don't do it.
7) Get removed by the court and ordered to provide a written response to a show cause within 15 days.
8) Don't do it.
9) Get called directly by the clerk of court's office to see why you haven't responded.
10) Fax a response that day admitting your failures were due to negligence.
11) Have the court order an in person appearance.
12) Don't appear.
13) Have the Chief Judge issue a show cause order and direct your appearance in court. Get served directly by the Virginia State Police.
14) Appear before the court and apologize. Offer no explanation other than your case load was too high.
Punishment? $1,000 fine, disbarred from practicing in the Court of Appeals (may ask for reinstatement after 3 years).
-------------
The punishment strikes me as pretty light. Back when I was doing court appointed work to pay the bills I knew plenty of people who would have gladly paid $1,000 not to have to represent their clients in appeals. The lawyer's probably been turned into the Bar as well and is waiting for that other shoe to drop.
What is required for a three judge panel to find an attorney in contempt?
1) File Notice of Appeal.
2) Move to withdraw as counsel per Anders.
3) Have court deny your motion to withdraw and order you to file an amended petition within 15 days.
4) Don't do it.
5) Have the court again order you to file an amended petition.
6) Don't do it.
7) Get removed by the court and ordered to provide a written response to a show cause within 15 days.
8) Don't do it.
9) Get called directly by the clerk of court's office to see why you haven't responded.
10) Fax a response that day admitting your failures were due to negligence.
11) Have the court order an in person appearance.
12) Don't appear.
13) Have the Chief Judge issue a show cause order and direct your appearance in court. Get served directly by the Virginia State Police.
14) Appear before the court and apologize. Offer no explanation other than your case load was too high.
Punishment? $1,000 fine, disbarred from practicing in the Court of Appeals (may ask for reinstatement after 3 years).
-------------
The punishment strikes me as pretty light. Back when I was doing court appointed work to pay the bills I knew plenty of people who would have gladly paid $1,000 not to have to represent their clients in appeals. The lawyer's probably been turned into the Bar as well and is waiting for that other shoe to drop.
Why Must You Must Be Competent for the Government to Kill You?
A defense team in Kentucky is challenging whether a man should be put to death because he is not sane enough to be executed. They're actually challenging Kentucky's law because Ralph Stevens Baze, the man sentenced to die, understands he is about to be executed and why he is being executed (thereby establishing his competence per Kentucky statute), but has become depressed and irrationally paranoid.
This set me to thinking. The first thought in many capital cases is whether the offender is someone who should be found NGRI. However, if you have determined that the person knows the difference between right and wrong and does not have an irresistible impulse to do wrong, should other mental defects be a reason to stop the execution?
If you believe the death penalty is valid I think your answer must be "no." In fact, a true believer in the death penalty would probably believe that if the offender was (a) legally insane, thus NGRI, and (b) non-restorable, she should be executed. Most every theory which justifies the death penalty is about the act, the result, or possible future results. None of these are particularly affected by the mental condition of the offender. About the only thing which could require that an offender be clear of mind would be a theory of redemptive punishment, because perhaps a person could not be redeemed of her evil act if she does not comprehend the punishment meant to redeem her. However, it does not seem that redemption of the offender's soul is a goal of our society's judicial system.
Therefore, we are left with the question of why an offender must even be competent to be executed. I understand why legal counsel argues that it should be so; counsel is trying to best represent the presumptive desire of the offender to stay alive. But why do the courts buy into it? Sure, some of it has come from those few judges who are so opposed to the death penalty personally that they are willing to latch onto any reason to halt its use. Yet, in the modern era judges have become less reticent about the deathy penalty and less likely to sign off on any technicality in order to stop it. What then is the reason they continue to follow this standard? Surely, it is not because they want to insure the added cruelty of forcing the defendant to know of his impending demise. That serves no true purpose other than sadism.
The best I can figure, this is one of those things which has gotten into the law without any reflection upon its purpopse as specifically applied to death penalty cases. In most cases it makes sense not to punish someone if they do not understand the punishment. After all, how is the offender to learn not to do the same thing in the future if she doesn't even realize she is being punished for doing it? However, this reasoning does not apply in death penalty cases. There is no "lesson learned" by the defendant after she has been executed.
This set me to thinking. The first thought in many capital cases is whether the offender is someone who should be found NGRI. However, if you have determined that the person knows the difference between right and wrong and does not have an irresistible impulse to do wrong, should other mental defects be a reason to stop the execution?
If you believe the death penalty is valid I think your answer must be "no." In fact, a true believer in the death penalty would probably believe that if the offender was (a) legally insane, thus NGRI, and (b) non-restorable, she should be executed. Most every theory which justifies the death penalty is about the act, the result, or possible future results. None of these are particularly affected by the mental condition of the offender. About the only thing which could require that an offender be clear of mind would be a theory of redemptive punishment, because perhaps a person could not be redeemed of her evil act if she does not comprehend the punishment meant to redeem her. However, it does not seem that redemption of the offender's soul is a goal of our society's judicial system.
Therefore, we are left with the question of why an offender must even be competent to be executed. I understand why legal counsel argues that it should be so; counsel is trying to best represent the presumptive desire of the offender to stay alive. But why do the courts buy into it? Sure, some of it has come from those few judges who are so opposed to the death penalty personally that they are willing to latch onto any reason to halt its use. Yet, in the modern era judges have become less reticent about the deathy penalty and less likely to sign off on any technicality in order to stop it. What then is the reason they continue to follow this standard? Surely, it is not because they want to insure the added cruelty of forcing the defendant to know of his impending demise. That serves no true purpose other than sadism.
The best I can figure, this is one of those things which has gotten into the law without any reflection upon its purpopse as specifically applied to death penalty cases. In most cases it makes sense not to punish someone if they do not understand the punishment. After all, how is the offender to learn not to do the same thing in the future if she doesn't even realize she is being punished for doing it? However, this reasoning does not apply in death penalty cases. There is no "lesson learned" by the defendant after she has been executed.
Monday, February 2, 2009
Sunday, February 1, 2009
New Format for CrimLaw
Okay, I spent most of the day today rewriting the code for CrimLaw. I like the new look far more than any that I've had recently so it'll probably stick around for a while. The links on the left go to pages which aren't fully formed yet, but I'll get to them sometime in the next week or two. I've checked the page against all the major browsers and it works well (after I fixed the problems Explorer alone had). It looks wonderful on my monitor at home, but I not know exactly how it will appear on smaller screens until I see it on some tomorrow.
If anybody has any problems let me know.
If anybody has any problems let me know.
Subscribe to:
Posts (Atom)