Canada: Where Rational Tort Law Goes to Die

     Before the August 2008 car accident, Alissa Afonia's teacher described her as a very bright student, in the top two percent of her media-arts high school class who dreamt of being a filmmaker or actress. After the accident she became a different girl and ended up working as a dominatrix. She showed no impulse control, could not carry through on tasks, became isolated and began to have outbursts and make inappropriate sexual comments...

     Justice Joel Grove of the British Columbia Supreme Court, after presiding over Afonia's 2014 personal injury lawsuit, awarded the plaintiff $1.5 million in damages. In so doing, the judge noted that the pre-accident Afonia was "in some ways a typical girl, in some ways an atypical girl, someone who described herself as a 'goth girl' with "artiste presentation. But all that changed in the wake of the motor vehicle accident."

     Afonia, who was about to enter 12th grade, was a passenger in a vehicle driven by her mother's boyfriend. Her mother and brother were also in the car. The driver's Toyota ended up in a ditch. The judge concluded the civil suit defendant was driving too fast under the conditions and was therefore negligent.

     Lawyers for the plaintiff argued that her decision to begin working as a dominatrix showed a lack of "correct thinking" and was proof she'd taken an unnecessary risk due to a loss of cognitive function from a moderate traumatic brain injury…According to her lawyer, without the injury, she'd have been capable of earning a two-year college or university degree.

     The judge's damages included $825,000 for "future capacity loss," $376.000 for cost of future care, $300,000 for pain and suffering and $23,000 for special damages…Afonia's mother suffered a mild traumatic brain injury as well and was awarded more than $943,000 in damages….

"Student-Turned-Dominatrix Awarded $1.5 Million After Car Accident," nationalpost.com, January 29, 2015

Jury Duty in the George Zimmerman Murder Trial

I want people to know that we [the six-woman jury] put everything...into this verdict. We thought about it for hours and cried over it afterwards. I don't think any of us could ever do anything like that ever again. I have no doubt that George [Zimmerman] feared for his life in the situation he was in at the time. I think both [he and Trayvon Martin] were responsible for the situation they had gotten themselves into. I think they both could have walked away. [When the jury in the Zimmerman trial began their deliberations, three were for acquittal, one for second degree murder, and two for the manslaughter charge.]

Juror B 37, George Zimmerman murder trial, Sanford, Florida 2013 

Criminal Justice Quote: More Guns, Less Gun Control

     A new Pew Research Center survey finds that, for the first time in their surveys, the majority of Americans oppose more gun control. Gallup and CNN pols tell a similar story. Opposition to gun control has been increasing over at least the last couple of decades…

     Perceptions have changed dramatically, with most people now believing the "More Gun, Less Crime" hypothesis. Gallup recently asked Americans if they thought residents are safer with a gun in the home. People answered "Yes" by a margin of 63 to 30 percent. In 2000, Americans gave just the opposite answer by a margin of 51 to 35 percent. In 2013, sixty percent of gun owners listed "Personal Safety/Protection" as the reason for owning a gun.

     Academic research aligns with current public opinion. If you have a gun in the home, that gun is more likely to prevent murder than it is to be used in an accidental shooting or to kill a loved one…

     Between 2000 and 2014, the number of concealed handgun permits soared from about 2.7 million to well over 12 million…According to Gallup, 42 percent of American now have a gun in the house...The Pew Research Center survey found that 57 percent of Americans believe gun ownership "protects people from becoming victims of crime. Thirty-eight percent believe that it "puts people at risk."

     Support for gun ownership has grown particularly sharply among blacks and women….

"Why Most Americans Oppose More Gun Control," Fox News, December 30, 2014 

Criminal Justice Quote: Going to Jail For Feeding the Homeless in Public

     On Sunday November 2, 2014, 90-year-old Arnold Abbott and two pastors in Fort Lauderdale, Florida, were charged with feeding the homeless in public. This was the city's first crackdown of its new ordinance banning public food sharing…According to Mr. Abbott, "an officer said, 'drop that plate now,' like I had a weapon."

     Despite some criticism from homeless advocates, city officers have vowed that the new law will be enforced. "Just because of media attention we don't stop enforcing the law. We enforce the laws here in Fort Lauderdale," Major Jack Seller said. "I'm not satisfied with having a cycle of homeless in the city of Fort Lauderdale. Providing them with a meal and keeping them in that cycle on the street is not productive."

     But Abbott, who has been helping feed homeless people in the area through his Love Thy Neighbor nonprofit since 1991, said the authorities are targeting the city's most vulnerable residents. "These are the poorest of the poor. They have nothing. They don't have a roof over their head," he said. "Who can turn them away?"…Abbott said the threat of jail won't stop him from doing it again.

"90-Year-old Florida Man Charged for Feeding Homeless People," CNN, November 4, 2014

Criminal Justice Quote: Dressing Courtroom Casual

     An attorney who habitually appears in court without socks faces sanctions including possible fines if he shows up without them again in one Indiana courtroom. Blackford Circuit Judge Dean Young issued an August 25, 2014 order directing attorney Todd Glickfield of Marion to wear appropriate business attire, including socks and a tie, in future proceedings in Young's Hartford City courtroom.

     Glickfield appeared without socks in Young's courtroom on August 22. The order says that during a break in proceedings, the judge advised Glickfield that he wasn't appropriately dressed as required by court rules. The order states Glickfield appeared in court without a tie and with an open-collared shirt. [This attorney is lucky he doesn't practice in England where barristers have to wear wigs.]

"Judge orders Attorney to Wear Socks in Courtroom," Associated Press, September 5, 2014 

Criminal Justice Quote: Target Shoppers: Leave Your Guns at Home

     Target is "respectfully" requesting that shoppers not bring guns into its store. [If you're a robber it's okay.] The retailer posted a notice on its website on July 2, 2014…"Our approach has always been to follow local laws, and of course we will continue to do so," the notice says. "But starting today we will also respectfully request that guests do not bring firearms to Target--even in communities where it is permitted by law. We've listened carefully to the nuances of this debate and respect the protected rights of everyone involved. In return, we are asking for help in fulfilling our goal to create an atmosphere that is safe and inviting for our guests and team members. [When did they start calling store clerks "team members?" What team? Target may be creating an "inviting atmosphere" for robbers who can now enter the store knowing that no one in the place is armed.]…

     The Minneapolis-based retailer says guns in its stores are "at odds" with the family atmosphere it champions. Gun rights advocates made headlines in 2014 by openly bringing weapons into some Target stores, a demonstration of their rights to openly carry firearms in public. Chipotle restaurants made a similar decision in May 2014, days after gun rights advocates made national headlines by bringing assault-style weapons into a downtown Dallas restaurant. [A really stupid move by gun rights activists.] Chipotle said in its statement that "the display of firearms in our restaurants has now created an environment that is potentially intimidating or uncomfortable for many of our customers."

John Bacon, "Target 'Respectfully Requests' Shoppers Don't Pack Heat," USA Today, July 2, 2014



      

The Internet "Right-To-Be-Forgotten Rule" Versus Free Speech

     Google has received fresh takedown requests after a European court ruled that an individual could force it to remove "irrelevant and outdated" search results….An ex-politician seeking re-election has asked to have links to an article about his behavior in office removed. A man convicted of possessing child abuse images has requested links to his pages about his conviction to be wiped. And a doctor wants negative reviews from patients removed….

     Google itself has not commented on the so-called right-to-be-forgotten ruling since it described the European Court of Justice judgement as being "disappointing." Nor has it released any figures about the number of takedown requests received since Tuesday, May 13, 2014….

     European Union (EU) Commissioner Viviane Reding described the decision as a "clear victory for the protection of personal data of Europeans" but others are concerned about the consequences that it will have for free speech.

     Wikipedia founder Jimmy Wales has criticized the ruling, calling it "astonishing" while free speech advocates at The Index on Censorship said the court's ruling "should send chills down the spine of everyone in the European Union who believes in the crucial importance of free expression and freedom of information."…

Jane Wakefield, "Politician and Pedophile Ask Google to 'Be Forgotten'," BBC, May 15, 2014 

Criminal Justice Quote: California Town Criminalizing School Yard Bullying

     Kindergarteners to students 18 years old could soon be charged with a misdemeanor offense in Carson City, California for bullying. The Carson City Council has given initial approval for a new law that would prosecute students who make another person feel "terrorized, frightened, intimidated, threatened, harassed or molested." [So, if a kid looks the wrong way at an overly sensitive, anxious classmate, he could end up wearing handcuffs. Only in California.]

     A final vote on the ordinance will happen on May 20, 2014. The law could go into effect the following month. First-time offenders would be fined $100, a second offense would cost $200, and a third citation would be $300, and could include a misdemeanor charge….

     How police will enforce this law is not clear as infractions and misdemeanors normally have to be witnessed by law enforcement. [This is called the misdemeanor-arrest rule.] Also not clear is why current laws against harassment are not being enforced in bullying cases. [These offenses are not enforced because it's often difficult to establish criminal intent in these cases. And that's the way it should be. The proposed bullying ordinance is sheer idiocy.]

Michael Allen, "Kindergarteners Could Be Charged with Misdemeanor Under Proposed Law," Opposingviews.com, May 9, 2014

Criminal Justice Quote: The "Squeaky" Fromme Tape

     Nearly 40 years after a former Manson family member pointed a gun at President Gerald Ford, the audiotape from her pretrial psychiatric examination has been made public. Federal Judge Kimberly J. Mueller granted the release of the 132-minute recording on April 18, 2014 in response to a motion filed by the Sacramento Bee in November 2013.

     The recording of Lynette Alice "Squeaky" Fromme was made on September 21, 1975, a little more than two weeks after the 26-year-old Fromme aimed her pistol at President Ford in Sacramento's Capitol Park. The gun did not go off and Fromme was wrestled to the ground by a Secret Service agent. The tape was made in order to determine her competence to stand trial and to be her own attorney.

     The Sacramento Bee reports that in the recording, Fromme spoke confidently about her ability to represent herself at trial and be acquitted….She was wrong. Though Fromme did not represent herself at trial, she was convicted and remained in prison until she was released on parole in 2009….Charles Manson, 79, remains imprisoned at California State Prison in Corcoran.

"Tape Released of Woman Who Pointed Gun at Ford," seattlepi.com, April 24, 2014

Criminal Justice Quote: The Nanny State

     …..The conservatives' war on marijuana and the liberals' war on tobacco are manifestations of paternalism--the idea that government has the legitimate authority to stop adults from doing bad things, like smoking substances that politicians and bureaucrats do not approve of. [Some of these same politicians and bureaucrats smoke either cigarettes or pot. Laws are for us, not them.] Of course, smoking, whether of marijuana or tobacco, does have negative health consequences--but respecting the right of individuals to be wrong, as long as they do not interfere with the rights of others, is one of the pillars of a free society. [I'm afraid the free society structure has collapsed a long time ago.]

Ron Paul in Judge Andrew P. Napolitano's Lies The Government Told You, 2010 

Criminal Justice Quotes: Smart Guns, Stupid Idea

     Attorney General Eric Holder wants to explore "common sense" gun reforms, like mandating that gun owners should have to wear bracelets before they could activate their firearms. Holder made his remarks while testifying before a U.S. House of Representatives appropriations committee on Friday April 4, 2014. He acknowledged the existence of the Second Amendment, which gives people the unqualified right to own and carry weapons, but nevertheless expressed support for several gun control measures that he described as "common sense reforms."…

     "One of the things we learned when we were trying to pass those common sense reforms last year…is how guns can be made more safe by making them…talk to a bracelet that you might wear--how guns can be used only by the person who is lawfully in possession of the weapon," said Holder, referring to the so-called "smart gun" technology….[Here's an idea: How about manufacturing even smarter guns that in the hands of an ex-gun felon cannot be discharged as long as he is wearing his mandated bracelet that deactivates all firearms.]

Robby Soave, "Eric Holder Wants Gun Owners to Wear 'Smart Gun' Bracelets," The Daily Caller, April 7, 2014  

Criminal Justice Quote: Senate Blocks Justice Department Appointment of Attorney Who Defended a Notorious Cop Killer

     On March 5, 2014, the U.S. Senate blocked the contentious nomination of Debo Adegbile to head the U.S. Justice Department's Civil Rights Division….The vote was expected to be so close that Vice President Joe Biden presided in the Senate chamber to cast a tie-breaking vote if needed.

     Opposition to Adegbile's nomination stemmed from his role in the representation of Mumia Abu-Jamal, who was convicted of murdering a Philadelphia police officer in 1981.

"Senate Blocks Controversial DOJ Nominee," NBC News, March 5, 2014 

Criminal Justice Quote: America's Top Law Enforcement Official Wants Ex-Felons to Vote

     Attorney General Eric Holder is calling on all states to allow felons to vote after they finish their prison terms. Right now, 11 states, mostly in the south and midwest, permanently ban felons from voting in elections. Massachusetts and New Hampshire restore voting rights to felons after they serve their sentences….

     Holder said the voting restrictions have a disproportionate impact on minorities. Nearly 38 percent of those affected are black….

"Should Convicted Felons be Allowed to Vote?" CBS News, February 12, 2014

Criminal Justice Quote: The Government's Unrelenting Assault on Free Speech

     The Obama administration is planning to send what critics characterize as government spies into the newsrooms of the nation's media outlets. This unprecedented assault on Americans' First Amendment freedoms is part of the…war against the few pockets of media resistance the president has encountered at Fox News and in the world of talk radio. Sending federal bureaucrats to meddle in newsroom affairs by conducting an alleged "study" will chill news coverage and make government-licensed broadcast media think twice about airing stories that place the Obama administration in a bad light.

     To this end the Federal Communications Commission is moving forward with its "Multi-Market Study of Critical Information Needs," or CIN. Although the FCC is a regulatory body, not a research organization, it plans to send researchers to question reporters, editors, and station owners abut how they decide which stories to run.

     The FCC intends to discover "the process by which stories are selected," how often stations cover "critical information needs," the media outlets' "perceived station bias," and "perceived responsiveness to underserved populations." [Wow, this is right out of the old communist era playbook.]…

Matthew Vadum, "Obama's News Police," FrontPage Magazine, February 21, 2014  

Criminal Justice Quote: Shakespeare on Crime Prevention

     Taking inspiration from Shakespeare, a Boulder, Colorado city councilman has suggested "banishing" chronic scofflaws creating a nuisance in parks around the city's municipal buildings. Councilman Macon Cowles said in an email to his colleagues that the idea came to him while "my mind wandered," and he wondered what The Bard had to say about crime and social misbehavior.

     Quoting extensively from Romeo and Juliet, Cowles makes the argument that banishing people from Boulder for the same amount of time they might be incarcerated for minor crimes would not only save taxpayers money, but might be more effective at preventing future crimes. [With all due respect to Mr. Shakespeare and Councilman Cowles, crime isn't prevented, it's just moved from one place to another.]…

     Boulder police have issued 646 citations in the area in the past two years for infractions ranging from urinating in the bushes and brawling to failure to appear for court and contempt of court. According to a city staff memo, 11 percent of the defendants were responsible for 34 percent of the citations and arrests….

Greg Campbell, "Colorado City Consideres 'Banishing' People Who Make Trouble," The Daily Caller, February 11, 2014

Criminal Justice Quote: Bad Times For The Legal Profession

     Anyone who wonders why law school applications are plunging and there's widespread malaise in many big law firms might consider the case of Gregory M. Owens.

     The silver-haired, distinguished-looking Mr. Owens would seem the embodiment of a successful Wall Street lawyer. A graduate of Denison University and Vanderbilt Law School, Mr. Owens moved to New York City and was named a partner at the then old-line firm of Dewey, Ballantine, Bushby, Palmer and Wood, and after a merger, at Dewey and LeBoeuf….

     But on New Year's Eve [1913], Mr. Owens filed for personal bankruptcy….

     The bulk of his potential liabilities stem from claims related to the collapse of Dewey and LeBoeuf, which filed for bankruptcy protection in 2012….Mr. Owen's situation is all too emblematic of pressures facing many partners at big law firms. After Dewey and LeBoeuf collapsed, Mr. Owens seemingly landed on his feet as a partner at White and Case. But he was a full equity partner at Dewey, Ballantine and Dewey and LeBoeuf. At White and Case, he was demoted to nonequity or "service" partner--a practice now so widespread it has a name, "de-equitization."

     Nonequity partners like Mr. Owens are not really partners, but employees, since they do not share the risks and rewards of the firm's practice. Service partners typically have no clients they can claim as their own and depend on rainmakers to feed them….

     "It's sad to hear about this fellow, but he's not alone in being in jeopardy," said Thomas S. Clay, an expert on law firm management…."For the past 40 years, you could just be a partner in a firm, do good work, coast, keep your nose clean, and you'd have a nice career. That's gone."

James B. Stewart, "A Lawyer and Partner, and Also Bankrupt," The New York Times, January 24, 2014 

Criminal Justice Quote: Stephen Glass' Shattered Dream of Practicing Law

     Disgraced ex-journalist Stephen Glass' dream of becoming a California lawyer has been shattered, at least for the foreseeable future. The California Supreme Court on January 27, 2014 rejected Glass' bid to secure a state bar license, concluding that he had not overcome the stain of his tarnished and infamous past as a journalist who fabricated stories for prominent publications in the late 1990s.

     Glass has been pursuing a law license for years, arguing that he deserves a second chance in a new profession after his much-pulicized fall for concocting bogus accounts for magazines such as the New Republic and Rolling Stone. Glass' journalistic exploits led to a book and a movie, "Shattered Glass."…

Howard Mintz, "Disgraced Ex-Journalist Stephen Glass Loses Bid to be California Lawyer," San Jose Mercury News, January 17, 2014

Criminal Justice Quote: "Ghost Gun" Legislation

A California lawmaker proposed legislation [on January 13, 2014] to make background checks and gun registration requirements for anyone who builds plastic firearms on a 3-D printer at home….It's part of a growing effort across the country to pre-empt the spread of these undetectable guns. State Senator Kevin de Leon said he is trying to address a twin threat from what he called "ghost guns"--plastic guns that can evade metal detectors and unregistered weapons that can fall into the hands of people who are legally prohibited from owning firearms under state law. "Currently, no one knows they exist until after a crime has been committed," said de Leon.

Associated Press, January 14, 2014 

Criminal Justice Quote: The Crime of "Emotional Abuse"

     Within weeks, the United Kingdom Parliament is set to consider a bill criminalizing "emotional blackmail" and related forms of emotional abuse. The bill would forbid persons to "make contact with a victim in an aggressive way" or to "intend to control or coerce" a partner, with penalties of up to 14 years in prison.

     "Control" and "coercion" are to be interpreted widely, covering such actions as using the family finances to manipulate one's partner or deploying psychological tactics to keep a partner fearful and in line. Proponents of this legislation, who span the three major parties, claim that it will give emotional abuse victims more confidence in coming forward regarding their circumstances, and that it will help keep emotional abuse victims safe.

     We have plenty of reason to want confidence and safety for victims of emotional abuse. But can legislation of this kind deliver it, in Britain or anywhere else? And if so, at what cost? Anti-emotional abuse legislation is at best redundant, and at worst fraught with unintended consequences.

Pamela Stubbart, The Daily Caller, January 2, 2014

Mexican Citizens Can Practice Law in California

     An undocumented immigrant who has met the requirements to practice law in California must be given a legal license, the state's Supreme Court ruled Thursday [January 2, 2014] in a landmark case that could set a national precedent.

     The California Supreme Court ruled that Sergio Garcia, who first came to the United States from Mexico unlawfully as a child, must receive his license--the first decision of its kind in the U.S. that could affect other undocumented immigrants who hope to follow in his footsteps. Two similar cases are pending in Florida and New York.

Miranda Leitsinger and Elizabeth Chuck, NBC News, January 2, 2014