Backing Away from the Briny Cesspool of Democratic Tyranny

From Ohio, a small legal victory. Supreme Court rules change to sex offender registration laws "required" by AWA -- the big bad Bush /Gonzo conspiracy to create a federal sex offender bureaucracy -- won't stand. Here is a link to Prof Berman's blog on it. The opinion of the Ohio Supreme Court is here.

Here is how it seems to work. Courts convict under legislated criminal law which provides for consequences of the conviction. The legislature then demands that it is within its power to take that conviction and provide for additional and other consequences without limitation. It then sits back and waits for a legal challenge by the affected citizens. The courts are then and only then compelled to decide whether the legislature has indeed exceeded its powers. Meanwhile, lives are ruined, families destroyed, costs mount, vigilantes and bigots, haters, hostile elements and ignoramuses lick their chops, and public safety suffers.

Can this be the America we have chosen to defend?

Christmas Day Oddities

The Old South Hasn't Gone Anywhere, and Won't:

X _________ (just take a wild guess) and a number of political interest groups attacked Wallace's nomination (to the federal bench), led by a scathing report from the American Bar Association that gave him a "not qualified" rating. The report specifically questioned his record on civil rights, his treatment of minorities and his record on voting rights issues. The predominantly African-American Magnolia Bar Association also opposed Wallace's nomination on grounds the 5th Circuit bench needs more diversity based on the district's population.

Wallace was reticent about his political opposition, but when asked if he held racist views, Wallace said flatly: "No."

The ABA report noted: "Lawyers and judges stated that Mr. Wallace did not understand or care about issues central to the lives of the poor, minorities, the marginalized, the have-nots and those who do not share his view of the world."

More Synaptical Sparks Concerning Ohio, Death Penalty and interesting comments about pain, punishment and death from crimeandconsequences dot com here.

Maryland, Death Penalty notes, and the Political Value to State Republicans, tipped in from Washington Post via How Appealing (Howard Bashman):

the confluence of national currents and a Maryland court ruling last week halting executions on a technicality could make the death penalty a defining issue of O'Malley's tenure.***executions are not likely to resume without action from his administration. Under the ruling by the Court of Appeals, new regulations must be drafted before the state may put more prisoners to death -- and early signs from O'Malley and his aides suggest that he sees no reason to rush that process. *** O'Malley said he was certain that "all of this will spark a renewed debate as to whether all of the money we spend prosecuting death penalty cases might be better spent fighting violent crime and saving lives."***Legislation that allowed executions to resume would be subject to a filibuster in the Senate, however, and is not certain to pass, said Sen. Brian E. Frosh (D-Montgomery), chairman of the Judicial Proceedings Committee. In coming weeks, lawmakers will be looking at O'Malley to signal where the process is headed, said Del. Samuel I. Rosenberg (D-Baltimore), vice chairman of the Judiciary Committee.

A pair of interesting posts from Howard Bashman, a Freebie, (in Law dotcom) about SCOTUS, from Legal Times (not cheap news), and what I might call a year-end wrap-up here (written by Howard).

Happy Holidays!

Ohio Death Penalty Overview, Abolition Possible in Maryland

Maryland Moratorium on Executions

What we're hoping will happen is that the governor will see and the legislature will see that this is an unworkable policy and that the time and money that it would take to fix it -- and we believe it is unfixable -- is just a waste of everyone's resources," said Stephanie Gibson, an associate professor at the University of Baltimore and a chairwoman of the board of directors of Maryland Citizens Against State Executions. "We're the third state now that has a de facto moratorium because of problems with lethal injection. There is no good way to execute people."

But Del. Barry Glassman, a Harford County Republican and capital punishment supporter, said he would not be surprised if the General Assembly takes up a proposal on whether to repeal the death penalty.

"This issue is of a magnitude that it's going to require some kind of legislative action to address whether you're for or against the death penalty," Glassman said. "The legislature really has the duty to weigh in on this. It's a big enough policy question that a committee should look at it and a whole body should vote on it."

Click to read the full article from BSun


From near a Conspicuously Deathly post by DAB, who pasted on very good overview pieces re Ohio (not critical, I'm the one being cumbersome)
Here is a Nation article by Bruce Shapiro:

For the last decade, the issue that has driven the death penalty debate — galvanizing the attention of courts and press alike — has been innocence: a capital representation system so criminally negligent that 123 wrongfully convicted death-row inmates have been released, and public confidence in death sentences eroded.

Yet innocence cases, in their own way, have evaded a fundamental question: What about the grievously guilty? What about what one pro-death-penalty legal scholar calls "the worst of the worst"? Are executions of the truly guilty consistent with America's evolving constitutional standards, with national ideals and worldwide human rights norms?

And here the article in Cleveland Plain Dealer and on Ohio Cases are linked (thanks to DAB). Columbus Dispatch article here on sex offenders. Here is a taste of that one:

In March, Judge Daniel T. Hogan, the administrative judge of the 17-member Franklin County Common Pleas bench, told lawmakers that going too far will actually benefit criminal defendants. "The vast, vast majority of child sex-assault cases are not supported by strong evidence," Hogan said, adding that if stronger punishments push more offenders to opt for trial, fewer convictions will result.

I completely agree with that...but this view is rarely heard. This also presumes that a fair trial can be had. In some states that is still not possible given the "climate" of public opinion, e.g., Texas and ... (anybody have any more from personal experience?).

This Does Not Happen Often: Banishment ordinance stricken as Punitive in Cape May (Friday)

If you want a shock click on this from Worldnet Daily: "Sextra Credit"