May 17, 2006

The Duke Lynching

It seems like some in the black community won’t be happy until white boys are punished for rape at Duke – guilty or not, and whether or not there really was a rape at all.

The worst thing said in the case involving rape charges against Duke University students was not said by either the prosecutor or the defense attorneys, or even by any of the accusers or the accused. It was said by a student at North Carolina Central University, a black institution attended by the stripper who made rape charges against Duke lacrosse players.

According to Newsweek, the young man at NCCU said that he wanted to see the Duke students prosecuted, "whether it happened or not. It would be justice for things that happened in the past."

Demanding that someone pay for a crime, regardless of actual guilt, is reprehensible. . If such attitudes are common sentiment in the black community, it appears there is a bigger issue than whether or not this woman was raped and who did it. Rather, there is the issue of our moving further and further away from the concept that individuals should be judged based on their character as demonstrated by their deeds.

Do we really want judgments made based upon skin color? Do we really want to bring back the bad old days?

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May 14, 2006

Entering The Home Stretch

The first term of the Roberts Court will end in a matter of weeks, and there are still some 35 cases to be decided. By my count, and based upon recent practice, that means we can expect more decisions to start dribbling out if the Supreme Court, culminating with a torrent of decisions in the final to weeks of June.

What is still out there to decide?

Still to be decided are cases involving President Bush's power to order military trials for suspected foreign terrorists held at the Navy prison at Guantanamo Bay, Cuba, and an appeal that will decide when death row inmates should get a new chance to prove their innocence with DNA and other evidence.

In addition, the justices are delving into politics. At issue in one case is whether the court should throw out all or part of a Texas congressional map promoted by former House Majority Leader Tom DeLay, R-Texas. A free-speech case asks whether states can limit how much money is spent in political campaigns.

My gueses are as follows.

1) Tribunals for terrorists -- yes.

2) DNA evidence -- sometimes.

3) Texas remap -- acceptable.

4) Campaign spending limits -- permitted, unless they decide to oveturn recent precedents on campaign finance "reforms".

And as far as resignations/retirements go, I wouldn't expect any to be announced this year, unless there is a serious health issue that has been kept under wraps. Justices tend not to leave when there might be problems getting the new nominee confirmed before the start of the new Supreme Court term in October -- and there is no way that any justice would get confirmed in this contentious election year.

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May 11, 2006

Lawsuit Abuse

This suit is proof that we have either too many laws, too many lawyers, or too many greedy Americans.

A Los Angeles psychologist who was denied a tote bag during a Mother's Day giveaway at an Angel game is suing the baseball team, alleging sex and age discrimination.

Michael Cohn's class-action claim in Orange County Superior Court alleges that thousands of males and fans under 18 were "treated unequally" at a "Family Sunday" promotion last May and are entitled to $4,000 each in damages.

The targets of the suit are the team and the Corinthian Colleges. Corinthian oversees Bryman College, which has an Anaheim campus and sponsored the event, its name printed on the bags.

Thousands of the red nylon bags were given to women 18 and older attending the Sunday Mother's Day game.

Angel officials said they had not seen the suit, filed May 4, and could not comment. But Angel spokesman Tim Mead said the team was proud of its promotions and giveaway days.

"Historically, we have tried to appeal on those special days that might be nationally noted holidays or special occasions," he said. "We have tailored programs or giveaways accordingly. In the past, we've given the moms rosesÂ…. We're trying to satisfy fans of all ages, genders and, most importantly, the baseball fans, so there's something for everybody."

I am sure about two things that will result from this piece of litigation.

First, sports teams will be less likely to have special giveaways like this one, resulting in ever dwindling attendance.

Second, Cohn will be deemed eligible to receive the team logo “pound of flesh” to be given away at next season’s “Litigious Assholes Day”.

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May 09, 2006

How Many Attackers?

We are not talking about a small discrepancy here – the woman in the Duke case initially claimed a substantially larger number of attackers.

The day after the March 13 team party where a 27-year-old black woman claimed she was raped, Durham police told campus officers that "this will blow over," the report said. The woman initially told police she was raped by 20 white men, then said she was attacked by three, the report said.

Now given the timeline that we are aware of in this case, this does raise some questions about the accusations. It isn’t as if she said four, or even five. The accuser indicated that she was raped by twenty men – which makes for one every 90 seconds during the time she was in the house. She later settled on three. I cannot see this as doing anything other than helping the defense.

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May 03, 2006

A Candidate For The Ninth Circus Court

This guyÂ’s rulings would make as much sense as most anything that comes out of the Ninth Circuit, which is the most overturned appellate circuit in the country.

A Philippine judge who claimed he could see into the future and admitted consulting imaginary mystic dwarfs has asked for his job back after being sacked by the country's Supreme Court.

"They should not have dismissed me for what I believed," Florentino Floro, a trial judge in the capital's Malabon northern suburb, told reporters after filing his appeal.

Floro was sacked last month and fined 40 000 pesos ($780) after a three-year investigation found he was incompetent, had shown bias in a case he was trying and had criticised court procedure, a ruling showed.

He told investigators that three mystic dwarfs - Armand, Luis and Angel - helped him carry out healing sessions during breaks in his chambers.

The Supreme Court said it was not within its expertise to conclude that Floro was insane, but agreed with the court clinic's finding that he was suffering from psychosis.

And if we count the dwarves, perhaps we could make Senators Boxer and Feinstein happy about the number of California judges on the court, provided Judge Florio and his companions decide to live in the land of fruits and nuts. After all, sounds like they would fit right in.

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How Many Rape Reports Are False?

Frighteningly, more than we would like to think – and more than the PC folks in the feminist movement and law enforcement want to admit.

Politically correct feminists claim false rape accusations are rare and account for only 2 percent of all reports. Men's rights sites point to research that places the rate as high as 41 percent. These are wildly disparate figures that cannot be reconciled.

This week I stumbled over a passage in a 1996 study published by the U.S. Department of Justice: Convicted by Juries, Exonerated by Science: Case Studies in the Use of DNA Evidence to Establish Innocence After Trial.

The study documents 28 cases which, "with the exception of one young man of limited mental capacity who pleaded guilty," consist of individuals who were convicted by juries and, then, later exonerated by DNA tests.

At the time of release, they had each served an average of 7 years in prison.
The passage that riveted my attention was a quote from Peter Neufeld and Barry C. Scheck, prominent criminal attorneys and co-founders of the Innocence Project that seeks to release those falsely imprisoned.

They stated, "Every year since 1989, in about 25 percent of the sexual assault cases referred to the FBI where results could be obtained, the primary suspect has been excluded by forensic DNA testing. Specifically, FBI officials report that out of roughly 10,000 sexual assault cases since 1989, about 2,000 tests have been inconclusive, about 2,000 tests have excluded the primary suspect, and about 6,000 have "matched" or included the primary suspect."

The authors continued, "these percentages have remained constant for 7 years, and the National Institute of Justice's informal survey of private laboratories reveals a strikingly similar 26 percent exclusion rate."

If the foregoing results can be extrapolated, then the rate of false reports is roughly between 20 (if DNA excludes an accused) to 40 percent (if inconclusive DNA is added). The relatively low estimate of 25 to 26 percent is probably accurate, especially since it is supported by other sources.

We need to consider this as we look at prominent rape cases like the one at Duke, as well as other cases that are less prominent. So many protections are placed upon the accusers, but so few are available to the accused – despite the fact that so many cases appear to be questionable. I think statistics like those above raise the possibility that we need to rethink the way in which we deal with such accusations.

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May 02, 2006

More Of The Same

And here I thought that the issue of judicial filibusters and votes on nominees was settled by the "Gang of 14".

Guess not -- it appears that "extraordinary circumstances" are not htat extraordinary after all.

After months of relative quiet, senators raised the prospect yesterday of a return to bitter battles and a possible filibuster over judicial nominations, as the White House urged confirmation of two conservative nominees who have sought approval for years.

Democratic leaders said they certainly would filibuster one of the nominees, Terrence W. Boyle, and might filibuster the second, Brett Kavanaugh, if Republicans refuse to call him back for a second hearing before the Senate Judiciary Committee. The partisan rhetoric was the strongest signal yet that the Senate might revisit the brinkmanship that brought the chamber to the edge of crisis a year ago, when a bipartisan group of 14 members crafted a temporary cease-fire.

The "Gang of 14" pact cleared the path for confirmation of several appellate court nominees whom Democrats had filibustered in President Bush's first term, and it doomed the chances of a few others. It also narrowed the Democrats' tactical options for opposing Bush's two appointees to the Supreme Court last year. But the Kavanaugh and Boyle nominations may test its resiliency.

Seems to me that we are back where we started -- and that the nuclear option will likely have to be invoked to overcome demand by Democrats for an extra-constitutuional super-majority to confirm judges.

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