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The Courts, Criminal Justice & Tort Archive

Thursday

19

May 2011

1

COMMENTS

Ignorant Cop Harasses Gun Owner, Prosecutors Blame the Victim

Written by , Posted in Gun Rights, The Courts, Criminal Justice & Tort

Continuing the recent theme of police abuses and outrageous legal decisions which demand we bend over and take them, comes another story of flagrant police abuse and disrespect for the law:

Mark Fiorino, a 25-year-old IT worker from suburban Montgomery County, was walking on the street in northeast Philadelphia on Feb. 13 with his handgun exposed on his hip — and an audio recorder in his pocket. A police officer driving by in a cruiser, Sgt. Michael Dougherty, stopped and called out to him, prompting a tense, 40-minute encounter.

“Do you know you can’t openly carry here in Philadelphia?” Dougherty asks, according to the YouTube clip. Fiorino responds, “Yes, you can, if you have a license to carry firearms. … It’s Directive 137. It’s your own internal directive.”

After some profanity-laced back-and-forth, other officers responded to Dougherty’s calls for backup. Fiorino was forced to the ground as he tried to explain that he had a firearms license and was legally allowed to carry his gun openly. He had his permit on him, along with his driver’s license.

Basically, because the Philadelphia police did not even know the law they are asked to enforce, and are also power-tripping a-holes, this man was harassed and threated at gun-point by the police. And contrary to this report, there was not a “profanity-laced back-and-forth,” as there was only profanity coming from one side: the police. We know this because the audio is posted on YouTube.

But this is even worse than a case of police ignorance and abuse of authority, both of which are fairly typical. It’s also a case of the legal system stepping on the law abiding citizen to protect said “law enforcement” personnel. You see, the a-hole DA, protecting his a-hole cop buddy, charged Fiorina with “disorderly conduct:”

Several weeks after the altercation, after it was posted on YouTube, Commissioner Charles Ramsey had detectives look into the case, Evers said. On April 21, Evers said, Fiorino was arrested on charges of disorderly conduct and recklessly endangering another person. The confrontation could have led to Fiorino getting shot and officers racing to the scene also could have been injured in an accident, police said.

On Saturday, several dozen gun-owners turned out at City Hall to protest Fiorino’s arrest.

Fiorino told the Philadelphia Daily News he plans to sue the city whenever his criminal case is resolved. His attorney, Joseph Valvo, said he thinks the move to file criminal charges against Fiorino was retaliation for posting the recordings on YouTube.

Fiorina “endangered another person” by apparently provoking a cop into displaying his abusive ignorance by trying to enforce a law that does not exist and pointing a gun at him. That’s about as legitimate as charging a rape victim for disturbing the peace.

Everyone should record every interaction they have with the police. To fail to do so is to invite them to lie about their abuses, and then blame their victims for it. While the post-incident harassment here is no doubt based on the fact that he exposed their behavior, it is only because of his recording that we know the truth. And more importantly, had he not been recording them – a fact which they discovered – they probably would have made up some other charges to hit him with.

Remind me again why so many conservatives are automatically deferential and assume that “law enforcement” can do no wrong in this country?

Monday

16

May 2011

2

COMMENTS

Resistance is Futile in Indiana

Written by , Posted in The Courts, Criminal Justice & Tort

A man’s home is his castle. He has the basic human right to defend his home against unlawful entry. That is, unless it’s the police breaking the law, according to the Indiana Supreme Court, in which case he just has to bend over and take it.

People have no right to resist if police officers illegally enter their home, the Indiana Supreme Court ruled in a decision that overturns centuries of common law.

The court issued its 3-2 ruling on Thursday, contending that allowing residents to resist officers who enter their homes without any right would increase the risk of violent confrontation. If police enter a home illegally, the courts are the proper place to protest it, Justice Steven David said.

“We believe … a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence,” David said.

But don’t worry, it’s not like police are busting into innocent people’s homes, murdering them, and then lying about the facts, or anything.

 

Friday

13

May 2011

1

COMMENTS

Raj Rajaratnam Convicted for Improving Market

Written by , Posted in Economics & the Economy, The Courts, Criminal Justice & Tort

The government got their man! An evil Wall Street hedge-fund titan will be locked away for up to 205 years(!) for his horrible crime of…bringing more information to the market so it can run more efficiently. Well, that’s not what the government calls it – they call it “insider trading” – but that is in fact what he did.

Insider trading is not harmful and should not be a crime.

But before I get into that, here’s the news:

The widely followed trial exposed the behind-the-scenes dealings of a once-prestigious hedge fund that gained access to highly sensitive information about, among other companies, Goldman Sachs Group Inc. at the height of the financial crisis.

…The counts Mr. Rajaratnam was convicted of carry a total of up to 205 years in prison time, but under federal sentencing guidelines, he is likely to receive 15 ½ to 19 ½ years, according to prosecutors.

…In a statement, Manhattan U.S. Attorney Preet Bharara said: “Unlawful insider trading should be offensive to everyone who believes in, and relies on, the market. It cheats the ordinary investor.… We will continue to pursue and prosecute those who believe they are both above the law and too smart to get caught.”

Preet Bharara, the same thug behind the online poker busts known as black Friday, shouldn’t talk about things he does not understand, and economics is clearly one of those things.

(more…)

Tuesday

10

May 2011

0

COMMENTS

Here We Go Again

Written by , Posted in Identity Politics, The Courts, Criminal Justice & Tort

I’ve noted before that we learned absolutely nothing from the causes of the 2008 financial market collapse. Clearly, that remains true:

Two lawsuits accusing Wells Fargo of discriminatory lending practices have been allowed to move forward, a victory for plaintiffs that have accused the bank of steering African-Americans toward predatory loans.

…Judge Anderson’s ruling came two weeks after Judge J. Frederick Motz, of Federal District Court in Maryland denied Wells Fargo’s attempt to dismiss a similar lawsuit brought by the mayor and city council of Baltimore. Two previous versions of that lawsuit, claiming reverse redlining, in which the bank steered African-Americans toward more predatory loans, had been dismissed by the court.

But this time, Judge Motz said city officials had narrowed the allegations enough to show a plausible link between Well Fargo’s actions and its impact on the city. The issue, he said, was whether “the city has plausibly alleged that the properties in question would not have become vacant but for the allegedly improper loans made by Wells Fargo.”

Redlining, we were told, was a horrible practice whereby banks refused to offer services to areas because of their racial make-up, rather than for simple financial or business reasons. These dubious accusations were frequently used as a cudgel to force banks to service loans to unqualified applicants, or face shakedowns and lawsuits should they refuse. This ill-conceived pursuit of ‘racial justice’ through home loans was one of the many market distortions contributing to the financial crisis.

Now the boogeyman is reverse redlining, where banks supposedly give worse rates or higher charges to minority borrowers. But once again, these charges ignore the economic realities that drive the determination of lending rates. As the New York Federal Reserve has demonstrated, the studies alleging reverse redlining are pure bunk:

Did lenders target minorities with higher-cost loans, relative to their white counterparts? Consumer advocates have long trumpeted this as fact, using studies commissioned by their own staff and publicly-available data via the Home Mortgage Disclosure Act to allege that banks routinely and deliberately offered disparate terms to minority borrowers. And legislators have taken these findings at face value, no questions asked.

The … problem is often the data itself: HMDA data is notoriously incomplete, meaning that conclusions based on analysis of that particular data often can be missing critical key credit indicators that might otherwise explain disparities that seem to be reported in previous studies.<

The NY Fed study is groundbreaking particularly because it uses a hybrid data set that isn’t reliant on just the HDMA data; the first such study to do so. The researchers matched approximately 70 percent of loan-level data in a database provided by First American LoanPerformance to unique mortgage data in the HDMA. Doing so was “extensive work,” Andrew Haughwout, Christopher Mayer, and Joseph Tracy — co-authors of the study — note in review.

The study, it turns out, actually showed more favorable rates for minority borrowers:

In contrast to previous findings, our results show that if anything, minority borrwers get slightly favorable terms, although the size of these effects are quite small. Black and Hispanic borrowers pay very slightly lower initial mortgage rates than other borrowers — about 2.5 basis points (0.0025 percent) compared with a mean initial mortgage rate of 7.3 percent. Black and Hispanic borrowers also have slightly lower margins (about 1.7 to 5 basis points, or 0.0017 to 0.005 percent) compared to a mean margin of 5.9 percent. Asian borrowers pay slightly higher initial rates and reset margins (about 3 basis points). We find no appreciable differences in lending terms by the gender of the borrower. These results control for the mortgage risk characteristics and neighborhood composition. While many of these differences are statistically significant, they are economically insignificant.

A second important finding is that 2/28 mortgages were cheaper in Zip Codes with a higher percentage of Asian, black and Hispanic residents, as well as in counties with higher unemployment rates, once we control for the individual risk characteristics of the borrower.

While there’s perfectly valid reasons to criticize lending practice generally, and loose lending standards (for whatever reason you may think they developed) there is no real evidence sustaining the hypothesis that such practices worked along racial lines. But don’t expect these facts to stop the racial grievance mongers from once again causing market distortions with their abuse of the law in the name of identity politics.

Update: Speaking of not learning lessons, the Obama administration is taking the tried and true approach to ruining the housing market and is now “cracking down” on redlining.

Friday

6

May 2011

1

COMMENTS

Department of Education Wants More Students Falsely Convicted of Sexual Harassment

Written by , Posted in Education, The Courts, Criminal Justice & Tort

Does the headline sound preposterous? Well, that’s exactly what will happen in response to this:

In a “Dear Colleague” letter sent to colleges and universities in April, Assistant Secretary for Civil Rights Russlynn Ali announced new federal regulations publicly funded schools must employ to address allegations of sexual harassment and sexual violence.

The new standards most notably lower the burden of proof to prosecute.

“[I]n order for a school’s grievance procedures to be consistent with Title IX standards, the school must use a preponderance of the evidence standard (i.e., it is more likely than not that sexual harassment or violence occurred),” Ali wrote.

FIRE responds:

“The Office for Civil Rights’ unilateral revision of campus codes across the country is unquestionably unjust. Students accused of serious crimes like rape should not be tried under the same standard of proof used for a parking ticket,” said FIRE President Greg Lukianoff. “OCR is proceeding from the fallacy that reducing protections for the accused will somehow increase justice. This is a dangerous and wrongheaded idea that will undermine the accuracy and reliability of the findings of campus courts.”

Indeed.

“Preponderance of evidence” standards are not used in criminal proceedings for a reason. And while these are not strictly speaking criminal preceedings, they have far more in common with such than the civil action cited by DoE as justification in their letter. Courts have specifically found that use of a preponderance of evidence standard can violate Due Process when the repercussions are serious enough, such as when states use it as a justification to deprive parents of custody of their children. What happens to a student “convicted” of sexual harassment in a college is not as bad as losing custody of a child, but it will have severe and lasting repercussions for that individual. Depriving a student of their education and good name should thus, at the least, require the more onerous of the civil tests, clear and convincing evidence.

In addition to lowering the standard of proof, DoE is taking the unusual stance that accusers should get multiple bites at the apple. They demand that any appeals process must allow both parties to appeal a verdict, rather than the typical practice of reserving such protections for defendants, so that they do not have to repeatedly defend themselves from the same charge:

OCR strongly discourages schools from allowing the parties personally to question or cross-examine each other during the hearing. Allowing an alleged perpetrator to question an alleged victim directly may be traumatic or intimidating, thereby possibly escalating or perpetuating a hostile environment. OCR also recommends that schools provide an appeals process. If a school provides for appeal of the findings or remedy, it must do so for both parties. Schools must maintain documentation of all proceedings, which may include written findings of facts, transcripts, or audio recordings.

They also wish to deny defendants (who they repeatedly refer to with the more inflammatory “alleged perpetrator”) their normal right to confront accusers (which they again tellingly call “alleged victims”).

This system clearly eschews the normal American disposition toward favoring the rights of the defendants, and instead stacks the deck in favor of the accusers. It’s the Mike Nifonging of campus sexual harassment enforcement, and should serve as a warning to any entity considering accepting federal dollars.

Saturday

30

April 2011

0

COMMENTS

Courts and FDA Interpret Mandate to Regulate Tobacco as Authority to Regulate Non-Tobacco E-Cigarettes

Written by , Posted in The Courts, Criminal Justice & Tort, The Nanny State & A Regulated Society

First the nanny’s attempted to gain control over e-cigarette’s by labeling them as a drug. They got shot down in court, and have now given up that approach. Instead, with the courts blessing, they’ve moved onto the more absurd angle that the tobacco-less products can be regulated as tobacco product:

The Food and Drug Administration said Monday it plans to regulate electronic cigarettes as tobacco products rather than continue trying to classify them as a combined drug and medical device. The agency said it will soon be issuing a proposed rule on e-cigarettes.

Electronic cigarettes vaporize tobacco, along with a chemical compound that includes nicotine, without producing smoke. The government has said the chemicals in e-cigarettes are untested and potentially harmful.

The article above from The Hill is incorrect. E-cigarettes do not “vaporize tobacco,” but rather a nicotine bearing liquid solution.

In some ways this is actually a victory for freedom, as the FDA originally sought to regulate e-cigarette’s under its much more onerous regime on medical devices. It was the court that originally concluded that e-cigarettes are tobacco products (under the reasoning that nicotine is derived from tobacco), and thus subject to regulation under the Family Smoking Prevention and Tobacco Control Act. This prevents the FDA from banning the product as an unapproved pharmaceutical, but still gives it significant authority to ban it through other means.

There is no argument that e-cigarettes can potentially harm anyone but the user, if they are shown even to do that. Thus, in a free society where individuals are able to choose what risk they wish to take, there should be zero impetus for government regulation. But this is a nanny state, where your choices are subject to pre-approval by busybodies who know what is best for you.

Monday

4

April 2011

1

COMMENTS

Equality Taken to the Extreme

Written by , Posted in Big Government, Government Meddling, The Courts, Criminal Justice & Tort

The Americans with Disabilities Act is one of those bills that everyone praises, but has in reality resulted in numerous headaches and legal absurdities. Witness the latest example (hat-tip: Overlawyered):

The United States Court of Appeals for the Fourth Circuit ruled today that the Washington Redskins must make all audio projected into the stadium bowl over the public address system accessible to deaf and hard of hearing fans. The court held that the Americans with Disabilities Act requires the Redskins to “provide auxiliary aids beyond assistive listening devices, which are useless to plaintiffs, to convey the: (1) game-related information broadcast over the public address system, including play information and referee calls; (2) emergency and public address announcements broadcast over the public address system; and (3) the words to music and other entertainment broadcast over the public address system.” The Court explained that the Redskins “provide more than a football game” and that deaf and hard of hearing fans “need access to this aural content to have full and equal access” to the game-day experience at FedExField, where the Redskins play their home games.

Should the blind also be allowed to wonder down and feel-up the cheerleaders? After all, they clearly can not equally participate in such visual entertainments. What about the deaf and blind? How will they get their football? Discrimination! And what if the deaf person does not speak English? How many languages must the lyrical subtitles be broadcast in? The list of questions over such a ridiculous requirement goes on and on.

A National Association of the Deaf spokesperson says, “The decision is a reaffirmation of the ADA’s goal of guaranteeing equal participation in all aspects of American life to individuals with disabilities.” If that is indeed the goal of the ADA, it should be repealed immediately. Such a task is not only contrary to the purpose of our government, it is impossible. “Equal participation in all aspects of American life” is an unreasonable standard that cannot be applied in a world of natural inequality.

The only equality people are entitled to is equality before the law. Equality of luxuries, entertainment, standard of living or happiness cannot be provided by government, and no government can even try without becoming a tyrannical regulator of all aspects of human life. Once it is realized that inequality cannot be realistically achieved through elevation of the have-not’s, government will instead systematically begin tearing down the have’s, leaving only the one equality government is capable of creating: equality of misery.

Tuesday

29

March 2011

0

COMMENTS

Too Much Outrage, Too Little Time

Written by , Posted in Big Government, Liberty & Limited Government, The Courts, Criminal Justice & Tort

First, a Delaware man battles big government, which is bravely protecting the peasants from basketball hoops:

More on that story here.

Next, Reason.tv and Radley Balko give the 3 Worst Cases of Police Abuse in 2011:

One particularly egregious case highlighted in the video is the shooting murder of John T. Williams (which actually occurred in 2010), a homeless woodcarver, for carrying a legal knife in a non-threatening manner (the knife was folded closed). The murderer with a badge, Ian Birk, was not charged with any crime despite a finding by the police department that the shooting was “unjustified.” He has since resigned from his position, and one can only hope that society will shun him for the rest of his miserable life. It’s the least of what he deserves.

Sadly, this kind of injustice is all too commonly allowed to occur in the nation’s police forces. Police turn a blind eye to police misconduct. Prosecutors refuse to go after those who they rely on to gather evidence and build their cases, even when they act with such gross disregard for the rights of citizens. Such abuses cannot be separated from the larger problem of big government and its negative impact on the welfare of the country, despite the best efforts of many law and order conservatives to glorify anyone who wears a badge. While there our many fine officers doing their best to uphold the law, the police institutions are more often than not part of the problem and in desperate need of reform.

Monday

28

February 2011

0

COMMENTS

Thou Shall Not Question the Power and Wisdom of the State

Written by , Posted in Big Government, The Courts, Criminal Justice & Tort

Jury nullification occurs when a jury reaches a verdict of acquittal, despite the fact that the defendant violated the law. It is an important, though controversial, tool for insure judicial fairness. When the state overreaches, or a law fails to account for certain circumstances, juries can provide through jury nullification an important last protection for those who acted morally and ethically, but still face jail time.

Naturally, the state resents such power. This is understandable, and anyone has the right to argue against the practice of jury nullification. As I said before, it is controversial. But some in government are taking their objections too far, and in fighting against jury nullification are blatantly violating the rights of its proponents. Take this outrageous case, where agents of the state are attempting to jail a 78-year-old man for exercising his free speech rights:

Since 2009, Mr. Heicklen has stood…at courthouse entrances…and handed out pamphlets encouraging jurors to ignore the law if they disagree with it, and to render verdicts based on conscience.

That concept, called jury nullification, is highly controversial, and courts are hostile to it. But federal prosecutors have now taken the unusual step of having Mr. Heicklen indicted on a charge that his distributing of such pamphlets at the courthouse entrance violates the law against jury tampering…

…“This is classic political advocacy,” Christopher T. Dunn, associate legal director of the New York Civil Liberties Union, said referring to Mr. Heicklen’s pamphleteering. “Unless the government can show that he’s singling out jurors to influence a specific verdict, it’s squarely protected by the First Amendment, and they should dismiss the case.”

Welcome to the world where it is a crime merely to suggest that there be a moral check on the power of the state.

Hat-tip: Reason’s Hit & Run

Friday

4

February 2011

1

COMMENTS

Obama’s Contempt

Written by , Posted in The Courts, Criminal Justice & Tort

A federal judge has held Obama’s Interior Department in contempt of court for refusing to comply with an order to end the government’s illegal drilling moratorium (Hat-tip: Conservative Outlooks):

A federal judge in Louisiana held the Interior Department in contempt late Wednesday, citing the agency for “dismissive conduct” by blocking offshore oil drilling during last year’s Gulf of Mexico oil spill.

Judge Martin Feldman of the U.S. District Court for the Eastern District of Louisiana last summer blocked the Obama administration’s first attempt to place a moratorium on offshore drilling, only to have Interior come back with a second ban.

That didn’t go over well with Feldman, who Wednesday also ordered Interior to pay attorneys’ fees for oil companies challenging the drilling ban.

“Such dismissive conduct, viewed in tandem with the reimposition of a second blanket and substantively identical moratorium and in light of the national importance of this case, provide this Court with clear and convincing evidence of the government’s contempt of this Court’s preliminary injunction order,” Feldman wrote in his eight-page order.

This seems to be a developing pattern from the Obama administration, which doesn’t much care for what the courts say. Following Judge Vinson’s ruling that Obamacare is unconstitutional in its entirety, which an anonymous White House official whined was “thoroughly odd and unconventional,” the White House has announced its intention to flaunt the binding ruling and implement the law anyway, declaring on the White House blog that “Implementation will continue.”

I will say this: Judge Vinson was plainly wrong about one thing; it is not safe to assume that this administration will follow the law.