Posts tagged ‘legal’

February 7, 2011

Conviction Review Pictures

May 20, 2010

Nobody Speaks Twice

On Fora.tv, Justice Stephen Breyer spoke on several topics with Jeffrey Rosen, among was a commentary on the rules held between the nine justices of the Supreme Court.  Of the two rules, one is certainly work discussing and adopting as a standard treatment between people.

As expressed, the rule is this: “Nobody speaks twice until everybody speaks once“.

What a profound principle of respect to all participants.   It is not so much that there needs to be exhaustive hot air shared when it is not necessary.  It speaks to the concept of mutual participation without dominance.

This does not mean that those that don’t have an opinion need to participate, but it implies that those that should have an opinion need to develop and opinion and need to share that opinion.  In addition, the rule makes and forces time for all required participants to be involved and to share their ideas.

The other factor I think is so powerful, is suppressing the dominance of some personalities or emotions or even strength of arguments to make the opportunity to speak precise and pertinent and efficient.  Don’t convolute the air with too much filler and be ready to have already refined your thoughts through your own mental capacity.

Everyone speaks before any one person gets too much air time is a great rule to live by first, but can be implemented with good results in almost any small group – especially business, families, education groups and more.

Make it formal

May 17, 2010

For Some, Imprisonment Beyond The Sentence Is Okay

Declared legal by the highest court in the land, the US Supreme Court gave the opinion, reported by Jesse J. Holland of the Associated Press, that imprisonment or detaining a child sexual predator (one who was confined due to a sexual crime) past their imprisonment term is allowed.

Supreme Court's Opinion

In the case of United States versus Comstock the opinion was delivered.

Treading a line of freedoms entitled to every citizen and protecting the society, these situations would rely wholly on the intent of the inmate past their committed term of reform.  Should not the sentencing be accompanied by the stipulation that an evaluation must occur which could either render the inmate a danger to society or not?

How does this affect any other violation to the innocent – rape, theft, violent acts, etc?

As a father, and for the particular topic of sexual crimes against children, I am all for the life sentencing if needed.  I wonder about the trickle affect of decisions like this and how they impact other areas of the law.

Resource:

Mahan, Halerie; United States v. Comstock: Justifying The Civil Commitment Of Sexually Dangerous Offenders

May 14, 2010

What Is A US Supreme Court Justice Interview Like?

Elena Kagan is under the microscope and if she proves to be a of US Supreme Court quality she will take the new vacancy recently created by Justice John Paul Stevens retirement.  Kagan, the currently sits at Solicitor General seat, appointed by President Obama.

Elena Kagan - Nominated Supreme Court Justice

All parties are and should be interested in proving whether or not Kagan actually can sit as a Justice, having never served as a judge before.  This doesn’t necessarily mean that she is without merit, it simply means that here merit is applied elsewhere.  The duty of those assessing Kagan’s potential ability as  Justice of the Supreme Court will have the challenging responsibility to assess how Kagan might do at the court.

One of the many ways this will be done is by Kagan filling out and answers questions according to the provided questionaire.

From questions like you expect like education, employment and military service to tougher spots like, published writings, conflicts of interest and financial statements.

See the full list of questions here.

Like anything worth doing, getting through days, weeks and maybe even a month of scrutiny, to end up in the highest of all courts in the most powerful nation on the earth, would be all worth the “dropping your pants” embarrassment.

May 4, 2010

Restore The Front Door

It appears that security is a concern everywhere, as it should be, but it is driving us down allies and through back doors. Once we use to fear the alleyway more than the front door, but not any more.

"Equal Justice Under Law"

The thug is preferred to the terrorist.

With this the Supreme Court of the United States is looking to close the majestic front brass doors to public entrance. All non-court workers are expected to enter on the sides, while employees will enter from the “back door”.

I wonder if the day will return when we can walk where we want to walk and enter where we wish to enter without the fear that entrenches us today.

“Equal Justice Under Law” will have to be hung on the sides of the building, next to the trash cans and the homeless.

Reference:
Law; Justices Disagree Over Closing Supreme Court’s Front Entrance

April 29, 2010

Good Decision, Although Divided – Keep the Cross

On Sunrise Rock, in the Mojave desert of California stands a Christian symbol of a cross.  It stands, not as a message or promotion for Christianity, but as a symbol of remembrance.  The cross is a tribute to the World War I veterans.  For those that have fathers, grandfathers and great-grandfathers or mothers, grandmothers and great-grandmothers that

WWI Sunrise Rock Monument

are WWI vet’s, the cross is more than the white, carved stone.

Justice Anthony Kennedy said it best by pointing out that the cross was not placed to promote a Christian message but to honor the fallen soldiers.  Whatever the decided symbol decided upon at the time, respect for its meaning is the primary responsibility to it.

See more of Justice Kennedy’s wording and the Supreme Court opinion here.

The beef of the argument is that the monument resides on federal lands, and thus, it shouldn’t have any religious overtones, etc.  As much as I believe in the freedom to express, the fact that something has been done, does not mean that a change is require when the symbolism represents an honoring in this instance versus a promotion.

Keep it!

Reference

Law; Divided High Court Lets Mojave Cross Memorial Stand

Answers Purlinks