Tag Archives | Law

Would Bankruptcy Protect You from Being Prosecuted for Murder? Then Why Are GM and Its Officers Getting Immunity?

PIC: US GOVT (PD)

PIC: US GOVT (PD)

via chycho

It should be obvious by now that corporations have more rights than humans in the United States, but GM’s corporate and executive immunity from civil and criminal liability and prosecution for putting shareholder value ahead of safety is mind boggling; that there is even a debate about this is insane:

“GM is a different legal entity than the one that filed the 2009 bankruptcy that shook the U.S. economy. The so-called new GM is not responsible under the terms of its bankruptcy exit for legal claims relating to incidents that took place before July 2009. Those claims must be brought against what remains of the ‘old’ or pre-bankruptcy GM.

“But the proposed class action, filed in federal court in California, said plaintiffs should be allowed to sue over the pre-bankruptcy actions, ‘because of the active concealment by Old GM and GM.’”

If GM is allowed to buy their way out of this mess by settling out of court and taking no responsibility for the death and misery that they caused, then we know that the status quo of protecting the rich is intact (2).… Read the rest

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US Supreme Court Opens Up Federal Elections To Richest Bidders

Make no mistake, the US Supreme Court’s decision to remove limits on monetary donations to candidates for federal political office is a game changer. The New York Times editorial board weighs in on the implications:

John G. Roberts, Jr., Chief Justice of the United States of America.

John G. Roberts, Jr., Chief Justice of the United States of America.

The Supreme Court on Wednesday continued its crusade to knock down all barriers to the distorting power of money on American elections. In the court’s most significant campaign-finance ruling since Citizens United in 2010, five justices voted to eliminate sensible and long-established contribution limits to federal political campaigns. Listening to their reasoning, one could almost imagine that the case was simply about the freedom of speech in the context of elections.

“There is no right more basic in our democracy,” Chief Justice John Roberts Jr. wrote in the opening of his opinion for the court in McCutcheon v. Federal Election Commission, “than the right to participate in electing our political leaders.”

But make no mistake, like other rulings by the Roberts court that have chipped away at campaign-finance regulations in recent years, the McCutcheon decision is less about free speech than about giving those few people with the most money the loudest voice in politics.

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McGruff Crime Dog Actor Busted For Drugs, Guns

Pic: USMC (CC)

Pic: USMC (CC)

Imagine a story reporting the death of Ronald McDonald by a Big Mac-induced myocardial infarction, (known commonly as a “Big Mac Attack”).

VIA First Coast News

John Russell Morales, 41, an actor who once played the crime-fighting cartoon bloodhound, has been sentenced to nearly two decades behind bars after pleading guilty to possessing 1,000 marijuana plants and a cache of nearly 30 weapons — including a grenade launcher and thousands of ammunition rounds.

Morales was arrested in 2011 after Galveston, Texas, police and drug-sniffing dogs — real dogs, that is — stopped him for speeding, according to Assistant U.S. Attorney Michael Kusin, who later prosecuted the case.

Authorities discovered diagrams of two indoor pot-growing operations and an abundance of marijuana seeds in Morales’ Infinity, according to the Houston Chronicle newspaper.

Keep reading.

 

 

 

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British Court Charges The Mormon Church With Fraud Over Its Teachings

mormon churhcIf organized religions solicit money from the public while propagating factually untrue claims, do they amount to illegal marketing scams? A British legal challenge is putting Mormonism to the test, the Telegraph reports:

A British magistrate has issued an extraordinary summons to the worldwide leader of the Mormon church alleging that its teachings about mankind amount to fraud.

Thomas S. Monson, President of the Church of Jesus Christ of Latter-day Saints has been ordered to appear at Westminster Magistrates’ Court in London next month to defend the church’s doctrines including beliefs about Adam and Eve and Native Americans.

A formal summons signed by District Judge Elizabeth Roscoe warns Mr. Monson, who is recognised by Mormons as God’s prophet on Earth, that a warrant for his arrest could be issued if he fails to make the journey from Salt Lake City, Utah, for a hearing on March 14.

The summons suggests that asking members of the church to make contributions while promoting theological doctrines which “might be untrue or misleading” could be a breach of the Fraud Act 2006.

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Canadians Can Grow Tobacco for Personal Use; We Should Be Able to Do the Same with Cannabis

via chycho
cannabis flag

Knowing full well the devastating consequences of America’s War on Drugs, the very same day that Washington State and Colorado legalized the recreational use of Cannabis, the Harper Government introduced “tough new mandatory minimum sentences for marijuana” – a change in the law that even the judiciary is resisting.

The government followed-up this prohibitionist agenda by “changing medical marijuana rules in Canada” so that patients would no longer be able to grow their own medicine, attacking the most vulnerable in our society by turning a health policy into a crime policy.

We won’t go into the details of how Canadians feel about this government, suffice it to say that even before the senate scandal blew up in Harper’s face, a poll from the summer of 2013 showed that 70% of Canadians surveyed wanted the Conservatives gone.

The question we should be asking ourselves as Harper hands out licenses to corporations to grow medical marijuana while prohibiting individual Canadians from growing their own supply, is that; Canadians 18 years of age or older can grow up to 15 kg of tobacco for personal use, so why shouldn’t we be able to do the same with cannabis?

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“My Brain Made Me Do It” Neuroscience Defense Increasingly Used In U.S. Criminal Courts

killerCan someone be punished for what their brain made them do? The Guardian on a growing trend in legal defense:

Criminal courts in the United States are facing a surge in the number of defendants arguing that their brains were to blame for their crimes and relying on questionable scans and other controversial, unproven neuroscience, a legal expert who has advised the president has warned.

Nita Farahany, a professor of law who sits on Barack Obama’s bioethics advisory panel, told a Society for Neuroscience meeting in San Diego that those on trial were mounting ever more sophisticated defences that drew on neurological evidence in an effort to show they were not fully responsible for murderous or other criminal actions.

“What is novel is the use by criminal defendants to say, essentially, that my brain made me do it,” Farahany said following an analysis of more than 1,500 judicial opinions from 2005 to 2012.

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California Outlaws “Revenge Porn”

revenge pornAs reported by CNET News:
Tempted to post a compromising photo of an ex-lover who spurned you? A bill signed by California Gov. Jerry Brown on Tuesday promises up to six months in jail and a $1,000 fine for people "convicted of illegally distributing private images with the intent to harass or annoy." Sponsored by Sen. Anthony Cannella (R-Ceres), Senate Bill 255 goes into effect immediately and makes posting "revenge porn" a misdemeanor. Such private photos are posted online, sometimes at multiple sites, without the subject's knowledge or consent. Some sites that specialize in revenge porn photos charge the victim hefty fees to remove them.
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China Criminalizes Spreading False Rumors Online That Go Viral

online rumorsWill the jails of the future be filled with those condemned for trollcrimes? ZDNet reports:

Online users in China who share false information that is defamatory or affect national interest will face up to three years in prison if their posts are viewed 5,000 times or forwarded 500 times.

This is a new judicial interpretation issued Monday by the country’s Supreme People’s Court and Supreme People’s Procuratorate, which defines the criteria for convicting and sentencing offenders who spread rumors online that defame, blackmail or provoke, China Daily reported.

The judicial interpretation also states that profiting from helping people delete posts is illegal, and anyone who gains more than 20,000 yuan (US$3,270) through this practice will see their case treated as “serious”. So far, prominent Chinese venture capitalist Charles Xue Biqun, investigative journalist Liu Hu, and Weibo users Yang Xiuyu and Qin Zhihui have been arrested and detained for fabricating online rumors.

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Cops Might Use your iPhone Fingerprint Against You

iPhone-5S-Has-Fingerprint-Scanner-Repositioned-Buttons-Analyst-SaysAre you excited about the new iPhone’s nifty biometric fingerprint unlock system? The police might be, too.

Via Wall Street Journal:

Courts have given mixed messages about whether Americans are protected from being forced to divulge passwords or decrypt information for law enforcement officials. Civil liberties advocates argue defendants shouldn’t have to unlock their own computers for the cops.  The logic: Under the Fifth Amendment, Police can’t force you to self-incriminate by testifying, or divulging something in your mind.

It’s unclear if that same protection applies if the password is your fingerprint.

“A fingerprint is entitled to less constitutional protection than a password known in your mind,” said Hanni Fakhoury, a staff attorney at the Electronic Frontier Foundation in San Francisco.  “If police arrest you and ask you for a password, you could refuse and they’d be hard pressed to force you to divulge the password.”

Of course, police already collect fingerprints after booking a suspect.

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