As promised, the winner of the Gerry Spence fringed buckskin coat, Wheeze the People™ has delivered on the pics:

Continue reading →

“…do it,” Nalley ordered. “Use it.”

“(DEFENDANT SCREAMS).”

Have you ever wondered what would happen if a judge, clothed in immunity, became so annoyed by an argument that he whipped out his Glock from under his robes and plugged the litigant between the eyes?  Who hasn’t felt that, right?

Except Maryland Circuit Court Judge Robert C. Nalley, the same one who got caught deflating the tire of the miscreant who had the audacity to park in his space, acted upon it.  No Glock, and it wasn’t actually at his own hand, but he gave the order.  And Mr. Sheriff was only too happy to comply.

Via the Baltimore Post-Examiner, by way of Gideon, pro se litigant Devlon King was trying to argue his cause in a gun case, which had already proven sufficiently annoying to get him pushed from his trial judge to Nalley. Continue reading →

So what if guys like Radley Balko and me were writing about this while lawprofs were on summer vacation?  After all, we’re not the deep thinkers worthy of note by serious scholars.  Even lawprof Jonathan Turley, who had the audacity to win big on polygamy while his brethren were picking out their favorite tea, was in on the deal, but wasn’t worth mentioning.

What?  It started at PrawfsBlawg, with lawprof Howard Wasserman free-riding the coattails of Cornell lawprof Mike Dorf, with the Wass-man noting “Mike share [sic] my view that cameras are a good idea but not a panacea.”  Bold move, guys, hopping on the caboose of cutting-edge thought.

But the Wass-man notes Dorf’s views on Broken Windows, and that’s where the uptown D goes off the tracks and crashes on 161st Street.

The most well-known attempt to implement broken-windows policing occurred during the NYC Mayoral administration of Rudy Giuliani. He cracked down on “squeegee men”–who “cleaned” windshields of motorists stopped at traffic lights, sometimes with an implicit threat of damage to the car or worse if drivers did not agree to pay for this ostensible service; he went after graffiti artists; he targeted subway fare-beating. And–according to the proponents of the broken windows theory–it worked. The nation as a whole experienced a substantial drop in violent crime from the peaks of the late 1980s and early 1990s, but the drop in crime in New York City was substantially larger.

Continue reading →

Via Gideon at A Public Defender:

Gid explains, so no need for me to repeat it here, but this video has it all, with special note of the cop screaming at Marcus Jeter, hands raised in his car, for him to stop reaching for the cop’s gun.  Where have we heard this before?

Kissing cousin to Lawprof Danielle Citron’s Cyber Civil Rights movement, dedicated to the criminalization of words and ideas that offend her delicate sensibilities and, well, just piss her off, is the government’s latest effort to cleanse the internet.  As reported in the Washington Free Beacon:

The federal government is spending nearly $1 million to create an online database that will track “misinformation” and hate speech on Twitter.

The National Science Foundation is financing the creation of a web service that will monitor “suspicious memes” and what it considers “false and misleading ideas,” with a major focus on political activity online.

What might they mean by “false and misleading ideas”?  The earth is flat?  John Bad Elk is still good law?  Vaccines cause autism?  Continue reading →

Hell hath no fury like a clerk challenged.  Anyone constrained to deal with bureaucracy learns this lesson early or learns to spend untold hours waiting, usually only to be told to come back another day to wait some more.  Lawyers, in constant need of the kindness of clerks, come to realize this very quickly.

Even so, there are times when no amount of sweet talk, no amount of sincere kindness, and certainly no amount of bluff, is going to change an unfortunate but immutable fact: the clerk neglected to do something that caused significant and clear harm.  Matt Brown in Tempe found himself in this unenviable position.

Brown’s client was stopped for a DUI in the evil Arizona town of Gilbert, where a blood draw was taken and, as is their local way, summons supposedly sent in the mail after the results come back.

That was my client’s situation when we set up an initial consultation. I filed my notice of appearance as soon as he hired me, and when I called the court that day to see if a complaint had been filed, the lady said they had already issued a warrant for his arrest because he missed his court date. The hearing had apparently been set for the day before. She tried to comfort me by explaining that the judge had just received my notice of appearance and would be quashing the warrant and setting a pretrial conference. She insisted the court had sent my client notice of the hearing he missed.

Continue reading →

One thing New York City has in abundance is shameless union leaders who know what their members demand of them, and do it. Pat Lynch, PBA president, is a master. But corrections union prez, Norman Seabrook, is no piker either.

From Seabrook’s New York Times op-ed, defending his boys after the scathing report on Rikers.

A RECENT investigation by the Department of Justice concluded that a culture of violence permeated the jails on Rikers Island in New York City, particularly the facilities housing adolescent detainees. The report came just a few weeks after this newspaper published its own investigation into violence against mentally ill patients at the jails.

These reports have led many in the public and city government to blame the correction officers at Rikers, and have generated calls for radical changes to the correction system.

Given that the beating of prisoners was done by corrections officers, it’s pretty hard to blame anyone else. Or is it? Continue reading →

When Mark Bennett wrote Victimocracy is for Sociopaths, its broader message seemed abundantly clear:

The hallmark of a sociopath, says [Martha] Stout [in her 2006 book, The Sociopath Next Door], is feigned victimhood. “The most reliable sign, the most universal behavior of unscrupulous people is not directed, as one might imagine, at our fearfulness. It is, perversely, an appeal to our sympathy.”

I have noted before the ascendancy of victimocracy, in which victimhood is esteemed even above merit and victims are given special authority to determine the course of the state.

In the world of those who subscribe to empathy uber alles, everybody’s a victim.

Those who had been criticized went into victim mode: they had been “attacked,” “insulted,” “disrespected.” They inaccurately described things that others had said to make them seem like attacks. Both described the criticism as “bullying.” One had “never been so insulted” as by the criticism.

There is, of course, a different view. Continue reading →

Back when Bloomberg Law kind of existed, former ABA Journal editor Ed Adams came to me with an idea.  Why not try to do a short segment, a one-man narrative of sorts, with a rant on one of the subjects here.

It was an interesting idea, despite my face-made-for-radio issue, so I gave it a try in the solitude of SJ studios. I hated it.  I thought I just totally sucked, so I begged off the project.  I was shallow and un-illuminating, and couldn’t get comfortable flying solo.

After Bloomberg imploded, its main on-air interviewer, Lee Pacchia, decided to start Mimesis Web TV.  I always thought very highly of Lee. Mimesis has a multipronged approach, producing videos for others, law schools and big firms, for example, as well as its own channel of law content for its own use and that of other law sources.  After doing an interview with Lee, he brought up Ed’s old idea about doing a one-man show. Continue reading →

You used to have a right to remain silent.

— The California Supreme Court, People v. Tom

When the Supreme Court issued its Miranda decision, the expectation was that it would prove the end of police interrogations, the end of confessions, as no one, after being given the warnings, would be stupid enough to talk to the cops.  They clearly had their finger on the pulse of humanity.

As it turned out, Miranda has proven to be hugely confusing to people, as has pretty much every rule of law ever crafted.  People regularly complain that their arrest was unlawful because cops didn’t give the Miranda warnings, even though the only remedy would be the inability to use custodial statements at trial. People have a really hard time grasping this.

The Supreme then decided that silence wasn’t silence anymore, anyway, in one of its most ill-conceived cases, Berghuis v. Thompkins, holding the post-Miranda silence wasn’t an invocation of silence, but rather evidence to be used against the guy who didn’t know how to invoke his rights properly. Continue reading →