Until recently, under Canadian law, prison administrators could confine their charges to an indefinite period in solitary confinement. Thanks to a pair of high profile court rulings, this could change in a big way, provided the Federal government can get its shit together.
Last month, the Supreme Court in the Canadian province of British Columbia struck down a law that allowed prisoners to be kept indefinitely in solitary confinement. It was a huge win for prison inmates and society: long-term solitary confinement does nothing to rehabilitate or condition an individual to become a more productive member of society. Worse, as humans are social animals, being locked away from our peers for long periods of time can cause psychological trauma--that's not something you want to do to someone who'll eventually be released back into society. Human rights activists in BC applauded the court's decision. Unfortunately, a similar case, heard in a different region of Canada, is keeping the verdict from changing the country's confinement laws.
This past December, a Superior Court Judge in the province of Ontario handed down a verdict that found that solitary confinement lasting any longer than five days is absolute bullshit, according to the Canadian constitution. But, as the CBC details, the practice of doing so does not violate the constitutional rights of the individual being thrown into solitary.
Both verdicts have merit, but which has more weight?
It's a question that the Canadian government has decided can only be answered by another run through the legal system. Read the rest
In New Braunfels, Texas, State District Judge Jack Robison walked into the jury room, twice, during deliberation in a teen sex trafficking case and told the jurors that the defendant shouldn't be convicted. Why? Because God told him to.
"He said he had thought it over and prayed on it and that God told him that he had to say this," said Mark A. House, jury foreman in the weeklong trial of Gloria Romero Perez that concluded Jan. 12.
Robison, a veteran jurist who presides in the 207th district that covers Comal and Hays counties, quickly informed the state and defense counsel of his conduct and recused himself from the punishment phase of the trial.
"It's probably the most unusual thing I've experienced in 20 years as an attorney," said Sylvia A. Cavazos, who represented Perez. "Judge Robison apologized in open court to the jury, saying something to the effect that 'I apologize but, if God tells me to do something, I have to do it...'"
Cavazos contends Perez should receive a new trial because of Robison's actions, but she noted, "The DA's position was (no retrial should occur because) he encouraged them to find her not guilty, and the jury had already reached their verdict, and he didn't change their minds."
House has filed a complaint against Robison with the state judicial authorities.
"Judge facing complaints over trying to sway jury" (San Antonio Express-News)
Read the rest
Miami lawyer Stephen Gutierrez was in court defending an alleged arsonist when his pants literally caught on fire. However, please don't assume that Gutierrez is a liar, liar. Apparently he had been playing with an e-cigarette in his pocket. From the Miami Herald:
Stephen Gutierrez, who was arguing that his client’s car spontaneously combusted and was not intentionally set on fire, had been fiddling in his pocket as he was about to address jurors when smoke began billowing out his right pocket, witnesses told the Miami Herald.
He rushed out of the Miami courtroom, leaving spectators stunned. After jurors were ushered out, Gutierrez returned unharmed, with a singed pocket, and insisted it wasn’t a staged defense demonstration gone wrong, observers said.
Read the rest
Shavkatbek Saipov was vacationing in Turkey in 2013 when he was hit in the eye by a teargas cannister fired by police during the brutal crackdown on the Occupy Gezi protests; he lost the eye and sued the Turkish police. Read the rest
When racist thug John Hennigan called Judge Patricia Lynch QC a "bit of a cunt" during his sentencing for the latest in a long string of convictions, she had the perfect response: "You are a bit of a cunt yourself." Read the rest
Dramatis personae: Denver Fenton Allen, a murder defendant. Bryan Durham, a Superior Court judge. And everyone watching in the peanut gallery-cum-courthouse in Rome, Ga., when things got fiery in Floyd County. Read the rest
Weird Universe alerts us to the curious case of Gerald Mayo, who in 1971 filed a class action lawsuit in the Western District of Pennsylvania against Satan "and his staff." Read the rest
With this year a leap year, February 29 is coming up next week. To celebrate, Alex "Weird Universe" Boese posted "5 Weird Facts About Leap Years" over at About.com:
2. The Extra Day Swindle
In February 1997, John Melo was convicted of home invasion and sentenced to ten years and one day in prison. Seven years later, he filed a motion complaining that the Department of Correction had miscalculated the length of his sentence. Why? Because it had failed to credit him for the additional days he had to serve on account of the February 29's during leap years.
Melo's motion was allowed, but he didn't win the case. In 2006 the Superior Court ruled (Commonwealth vs. John Melo) that not only did his case have no merit, but it had been a mistake to ever allow it to proceed in the first place, noting that he had clearly been sentenced to a term of years, no matter how long each year may be.
"5 Weird Facts About Leap Years" (About.com) Read the rest
Signage at York County, Pennsylvania District Judge Ronald J. Haskell's court. (York Daily Record, via Weird Universe) Read the rest
Gary Myrick has been a courtroom sketch artist for 40 years and his profession is dying; above, a New York Times video profile of Myrick. Read the rest
A Utah judge fined an attorney $3,000 after he zapped a witness with a trick shock pen during a trial. The case is about about whether emissions from a power plant are harming nearby dairy cows.
From the Salt Lake Tribune:
In an order released this week, 4th District Judge James Brady wrote that electricity expert Athanasios Meliopoulos was testifying against dairy farmers who claim that "stray" currents from Intermountain Power Plant in Delta were harming cattle.
As part of his testimony, Meliopoulos claimed that 1.5 volts, the equivalent of a AAA battery, could not be felt by a person. Los Angeles-based attorney Don Howarth, who represented the dairy farmers, gave a child’s gag pen to Meliopoulos. According to the package label, the retractable pen zaps the user with "a harmless powerful shock," Brady wrote.
Howarth told Meliopoulos that the pen contained a 1.5-volt AAA battery and challenged Meliopoulos to "go ahead and push the back of the pen and tell the jury whether you feel it or not," Brady wrote.
Meliopoulos, a Georgia Tech professor, pushed the pen and "received a strong electric shock, which caused his body to jerk and to drop the pen," Brady wrote.
Attorney fined for zapping witness with trick pen at dairy cow trial Read the rest
In the ACLU's new paper U.S. Government Watchlisting:
Unfair Process and Devastating Consequences [PDF], the group describes strange world of terrorist watchlists, including no-fly lists, where it's nearly impossible to discover if you're on a list, and nearly impossible to find out why you're on a list, and nearly impossible to get removed from a list. As the ACLU points out, this is Orwell by way of Kafka, where we're not allowed to know what surveillance is taking place or why surveillance is taking place -- and we're not allowed to know why we're not allowed to know.
The ACLU says that the national terrorism watchlist has 1.1 million names on it, and an AP report from 2012 found 21,000 people on the no-fly list. Recently, Rahinah Ibrahim became the first person to be officially, publicly removed from a no-fly list, after the government was forced to admit that she'd been placed there due to a bureaucratic error. All through the Ibrahim case, the government argued that disclosing any facts about her no-fly status would endanger national security, but ultimately it was obvious that the only potential risk was that the government's sloppiness would be disclosed. The state was willing to spend millions of dollars and ruin an innocent person's life rather than admitting that an FBI agent literally ticked the wrong box.
In the 13 years since 9/11, one person has managed to successfully challenge the system of secret and unaccountable watchlists. It's clear that she wasn't the only person who deserved to be removed, though. Read the rest