Monthly Archive: May 2009

Should We Stop Billing by the Hour?

An old Chinese story goes like this: The emperor called on his advisors to summon the greatest doctor in China. His advisors all agreed that the most famous physician in the land was Dzang-gung. So Master Dzang came before the emperor, who asked him whether he was in fact the...

Mandatory DNA Sampling Constitutional. Expect Ruling to be Upheld.

In a decision sure to be fought before the 9th Circuit, a federal judge in the Eastern District of California yesterday upheld mandatory DNA collection from people merely arrested for federal felonies, regardless of the nature of the crime charged. Obviously, this raises eyebrows in certain circles. Taking DNA from...

WTF Feds? Buying Drugs ? Facilitating Their Sale

Not again. It looks like yet another instance of federal prosecutors exercising terrible judgment. Writing for a unanimous Supreme Court this morning, soon-to-retire Justice Souter clarified what “facilitation” means in criminal law. A buyer calling up a drug dealer to arrange the purchase of some drugs does not count. Apparently,...

Defense Wins by Losing: Supreme Court Overrules Michigan v. Jackson

In a perhaps not-all-that-important decision this morning, the Supreme Court overruled a landmark case involving the Sixth Amendment right to counsel. Although it seems like a big deal, today’s decision doesn’t really seem to change anything. Criminal procedure is not likely to change. The upshot is that the police still...

Nat Hentoff Wrong on Rights? Say It Ain’t So!

The clip above is from a speech Nat Hentoff gave a little while ago, summarizing some of the problems he has with hate crime legislation in general, and with the bill currently being rammed through Congress. The day after he gave that speech, we wrote in more detail about our...

Memo to Child Porn Defendants: The “It Was Only Research” Defense NEVER WORKS.

GEN. MELCHETT: Field Marshall Haig has formulated a brilliant new tactical plan to ensure final victory in the field. CPT. BLACKADDER: Ah… Would this “brilliant plan” involve us climbing out of our trenches, and walking very slowly towards the enemy? CPT. DARLING: How could you possibly know that, Blackadder? It’s...

Grammar Schooled: Over-Zealous Feds Get an “F” in Adverbs

In a sort-of unanimous opinion today, the Supreme Court reversed the conviction of a Mexican who’d tried to get a job by using counterfeit Social Security and Alien Registration cards along with a fake name and date of birth. He’d been convicted of aggravated identity theft, 18 U. S. C....