Recently in Courts Category

How Should Judges Act?

| 0 Comments | 0 TrackBacks
How do you think Judges should act while in the court room?

Watch these two clips from youtube and then answer these questions:
 
1. Did Judge Milian act out inappropriately?  If so, how?

2. If you were in the defendant, or the person she yelled at, how would you handle the situation?

3. How do you think Judges should act in court?
 
4. If you were Judge Milian, how would you handle the situation in court?

5.  Any other comments about these clips?

Watch the clips here:
Clip 1

Clip 2


http://www.msnbc.msn.com/id/39726149/ns/us_news-security/

This article was published on msnbc.com by Associated Press on October 18, 2010.  The FBI were involved in this investigation (mainly because it has to do with threats of bombing).


"The trial featured 13 days of testimony by undercover informant Shahed Hussain, who met Cromitie at a mosque north of New York City. Prosecutors also relied on hundreds of hours of video and audiotape of the men discussing the scheme at the informant's home, handling fake weapons -- even praying together."

"Jurors deliberated for more than a week. A judge denied a request for a mistrial last week after a juror came across a document in an evidence binder that shouldn't have been there. The juror was dismissed."


What are the processes that the jury went through?

Do you think it was fair that the judge denied a request for a mistrial after a juror came across a document in an evidence binder?

What would you have done if you were that Judge and presented with that dilemma?

 



When doing my "day in the life" essay I found out just what it takes to be a court reporter. I found it extremely interesting that in order to be a court reporter you had to be able to pass a test in which you need to type 225 per minute as well as have 97% accuarcy. I tried my hand at this at

http://www.typingtest.com/

This will tell you how fast you can type as well as your accuracy to give a score. (If you don't score 225 wpm don't let this crush your dreams people who still pick at the keys. Yeah, you know who you are.)

When interviewing my cousin I couldn't help but wonder if this job will be in high demand over the next couple of years. I wondered if technology could possibly take over the need for a person to be typing. However, this article would give much different information. It explains that court reporters are indeed the "guardians of the record".

http://www.usnews.com/money/careers/articles/2009/12/28/court-reporter.html

The U.S. news states that this is actually one of the 50 best careers of 2010. I found this article to be extremely informative. I also found out that on average a court reporter makes almost $50,000 a year. This field is also predicted to grow more than 18 percent between 2008 and 2018. I would say that looking into this career would be a definite option and looks like the future is promising for this job as well.  

CASA Volunteers: Become a Hero for a Child in Need

            After interviewing my mother for the "Interview a Professional" project I became much more familiar with the CASA program and decided to share it with the group as it may be something many might be interested in.

http://www.casaforchildren.org/site/c.mtJSJ7MPIsE/b.5301309/k.9D58/Volunteering.htm

            Above is the main website for the organization.  I'll include the basics here, along with why I feel it is a great example of the mix of psychology and law that lies at the heart of this course.

            CASA stands for Court Appointed Special Advocate, and is a volunteer based program with the following basic mission:

"CASA is the only volunteer organization that empowers everyday citizens as officers of the court. In an overburdened social welfare system, abused and neglected children often slip through the cracks among hundreds of current cases. CASA volunteers change that. Appointed by judges, CASA volunteers typically handle just one case at a time--and commit to staying on that case until the child is placed in a safe, permanent home. While others may come and go, CASA volunteers provide that one constant that children need in order to thrive."

Michael Peterson Verdict

| 0 Comments | 0 TrackBacks

After finishing the video on North Carolina v. Michael Peterson, I became interested in what his and his family's life was after his sentencing was given. I found a website that has the story. It describes how one of Peterson's defense attorneys is planning on appealing his verdict. I'm not sure if this has been done yet, but he plans on objecting to some of the evidence that was given at the trial, such as if it was legal to take Peterson's computer away from him and go through it, which is where they found his pornography.

Also on the website, are a few videos that you can click through and watch. One talks about what Kathleen Peterson was like, the other talks about the verdict of the trial, and the third is how Kathleen's sisters react to the whole situation.

In the article, they also bring up the possibility that the prosecution is also going to try Peterson for the death of his other wife, Elizabeth Ratliff, as well. It's a short article, but it does provide good information on what happened after Peterson's guilty verdict.

It's Your Duty!

| 0 Comments | 0 TrackBacks
Since I have never been called up for jury duty I figured I should do a little research on the actual process of selecting a jury. One of my roommates had been called in for jury duty on a couple of occasions so I spoke with him in regards to how it went and how he felt about the process. To sum up his comments briefly, basically "it was a waste of my time." I found this to be amusing as well as somewhat discerning considering being evaluated by a "jury of your peers" is a large part of our legal system. Upon questioning why he felt that way he responded, "it costs you money when you have to miss out on work, just to be called in twice, and sent home twice." With that being said, I can understand his distaste for jury duty. This had me wondering if he had used any psychological cues that may have led to him being dismissed. Turns out there are actually web sites dedicated in helping you AVOID jury duty.

http://www.courtreporterschools.com/?page_id=7

I also found a web site that sells a book on how to avoid jury duty. Leave it to someone to find a way to make money off of tips on how to get out of the selection process.

http://www.avoidingjuryduty.com/

The process begins with jurors being selected at random from an already compiled list of people (examples: listing of licensed drivers, public utility service records, or even polling precinct lists). After people are selected at random they are called in and go through a basic question/answer screening. If a juror has "passed" they will then be examined by the prosecution and defense teams (this is known as voir dire). This consists of general questions posed to the possible jury as a group, as well as more in-depth questions on a individual level.

There are actually quite a few aspects of psychology that tie in with this process of law. Possible jurors perceptions are tested, in which each response is judged. The entire process falls within social psychology since jurors are questioned on areas such as: race, opinions on stereotyping, and other "hot topic" areas. If the perspective juror has any sort of psychological disorder (choose any that fall under abnormal psychology) chances are they are going to be excused from duty.

In my opinion I feel that jury duty, even though it doesn't pay well (and in some instances is a "waste" of time), is still a duty we should all have to complete at some point in our lives. This should especially hit home for victims of crimes that would want a good set of jurors in choosing their fate in the courtroom.

For further readings and information please visit the following sites:

http://en.wikipedia.org/wiki/Jury_selection
http://www.all-about-forensic-psychology.com/jury-selection.html


http://query.nytimes.com/gst/abstract.html?res=9906EEDC143FE433A25752C0A9649C946097D6CF

(abstract of the article)

http://query.nytimes.com/mem/archive-free/pdf?_r=1&res=9906EEDC143FE433A25752C0A9649C946097D6CF

(the entire article)

The above article is from 1901, but I thought it was interesting to see the types of problems they were having in the legal system in the past. It discusses the opposition by a former judge concerning jury selection for trials in New Jersey. Former Judge Thomas Henry, challenged the jury selection during the Quarter Sessions. His challenge was overturned by Judge Skinner, so he took his challenge to the Court of Error and Appeals.

"Mr. Henry says the Constables about the court have friends whom they desire to have placed on the jury list, and the Sheriff, to be accomodating, uses the names of these friends. Some of these constables are attached to the Prosecutor's office..."

Mr. Henry argued that the chosen jurors were possibly inclined to favor the prosecution's side, because that's how they were chosen, and resulted in the money received for their services to society.

Mr. Henry asked the judge in the current case he was defending, if he would allow a jury to be selected from a list of the defense's friends, and of course the judge denied this request. Mr. Henry made a valid point that many other attorneys and judges began to agree with-the method for jury selection needed to be reformed.

I enjoyed doing research on jury selection because I've never been asked to serve on a jury, so I was always curious about the process you have to go through. As it turns out, it's pretty time consuming. I've provided a link that has information on the jury selection process.

Also, when one of my friends was called to jury duty, she asked me how to get out of it. Just in case any of you decide you want to get out of jury duty, I also found a website that gives 20 effective ways to avoid jury duty. Some of them are humorous, other ones are more serious. So have fun reading those!

Anti-gay Protestors at Soldiers' Funerals

| 3 Comments | 0 TrackBacks

http://www.npr.org/templates/story/story.php?storyId=124452969&ps=cprs

"The Supreme Court is getting involved in the legal fight over the anti-gay protesters who show up at military funerals with inflammatory messages like "Thank God for dead soldiers."..."

These church-based protestors are not looked at by most with kind eyes. A lot of people consider their picketing at the funerals of soldiers killed in Iraq and Afghanistan as rude, wrong, insensitive, and mean, but is their protest protected under the First Amendment?

Albert Snyder, father of a deceased marine, was awarded damages by a Baltimore Jury for the emotional distress the picketers caused him at his son's funeral. The verdict was thrown out by an appeals court, though. "...The 4th U.S. Circuit Court of Appeals said the signs contained "imaginative and hyperbolic rhetoric" protected by the First Amendment."

The Snyder v. Phelps case will begin this fall.

Shame as a Form of Punishment

| 1 Comment | 0 TrackBacks

http://www.npr.org/templates/story/story.php?storyId=124357844

"Newspapers are full of apologies these days, from Toyota to Tiger Woods. But papers in the Boston area are also running a growing number of "mea culpas" that are ordered by the courts.

Increasingly, companies that plead guilty to crimes that harm the community -- polluting, for example -- are being required to publish an apology as part of their punishment."

I found this article interesting because it kind of shows what goes through a juror's head when trying to figure out if a person is guilty or innocent.  This juror was involved in the Mark Becker case.  Mark Becker was accused of murdering Ed Thomas of Parkersburg.   The juror talked about how the jury debated over five days whether or not Becker was not sane at the time of the murder.  He said how everyone had their opinions on the case and that eventually the evidence showed no proof that Becker was insane.  Becker was then charged with first degree murder.

http://www.kwwl.com/Global/story.asp?S=12079656

Iowa Courts Online Search

| 2 Comments | 0 TrackBacks

Search by name for most any Iowa court action. Yep, you can do a background check for free on anyone charged with anything in Iowa (some juvenile records do not show).

http://www.iowacourts.state.ia.us/ESAWebApp/DefaultFrame

Jury Selection Game

| 5 Comments | 0 TrackBacks

I found this game kind of interesting. At first you are asked to pick a case that you want to participate in, then it gives a short description of what is going on, then you pick if you want to be the prosecutor or the defense. The game then has a list of 20 jurors and gives some information about each one. You select which 12 of the 20 you would think would benefit your case the most. After you do this you are given a score and it also gives you the reasons why or why not each juror you selected would be beneficial to the case. I thought the game was interesting because it shows you to a certain extent what both sides go through in the juror selection process.

 

http://www.texaslre.org/jury_game.html 

The Reader

| 0 Comments | 0 TrackBacks

Bernhard Schlink's novel, The Reader, is one of my all favorite novels because it not only deals with law and psychology but it also is a piece of Holocaust literature. The novel follows narrator, Michael Berg, as he retells his past in three epic parts. The novel begins in West Germany in 1958, almost 13 years after WWII. When Michael was a teenager, he had an affair with a 36 year old train conductress named Hanna. Their relationship was mostly sexual but Michael began to grow strong feelings for Hanna. Hanna was very "down to business" with Michael and very closed off about her past. One of her favorite things to do with Michael was to have him read to her after they had made love. There affair lasts several months until one day Hanna disappeared. Part II of the novel opens several years later with Michael beginning law school. As one of his assignments for law school, Michael observes a war crime trial that attempts to interrogate and punish those who committed war crimes in the Holocaust. On trial is a group of middle-aged women who were active SS officers during WWII and helped guard one of the concentration camps. Michael is shocked and surprised to find out that Hanna was amongst those who were accused.

I do not want to spoil what happens for those who wish to read this book and/or watch the movie, but Part III deals with Michael's life after the trial and what has became of him and Hanna. In Part III several questions are raised that have to do with both the legal world and psychology. One of the main questions that are raised is what are the second generation suppose to do with their Nazi past. In an interview, Schlink has said that one of his favorite professors in school had a visible swastika tattoo. How are the children of the perpetrators suppose to deal with the guilt of their parents as the events of the Holocaust become common knowledge in the 1950s and 1960s? And who can we persecute legally for those who were involved with what had happened in the Holocaust? Surely those who committed murders, but weren't those who committed the murders in fact just following the governments orders? Who can we hold responsible for their actions and where the perpetrators just victims themselves? These are all the things that the book deals with. I would strongly recommend this book to anyone who has an interest in the Holocaust, history, or international law.

 

http://www.amazon.com/Reader-Bernhard-Schlink/dp/0753801728/ref=sr_1_6?ie=UTF8&s=books&qid=1265914414&sr=8-6 

 

Iowa Bill Erases Underage-Drinking Charges

| 2 Comments | 0 TrackBacks

Iowa's legislature is in talks of passing a new bill that will, if passed, eliminate old criminal charges for drinking. 18, 19, and 20 year olds will be able to wipe aclohol-related offenses off their plate. This insures that Iowa students will still be able to find a job after college.

 http://kgan.com/shared/newsroom/top_stories/videos/kgan_vid_1938.shtml

 

What are some of the psychological implications that factor here? Will underage students drink MORE now knowing that their record could be erased? I personally feel that underage students will drink they same no matter what the law is. It does put some people's mind at ease knowing that they will be able to have the charge removed, insuring that it will not come back to haunt them later on in a job interview.  

Waterloo Teacher Arrested

| 1 Comment | 0 TrackBacks

 Waterloo Teacher Arrested

I came across this article when I was looking up the news the other day. According to this article 52-year-old teacher Larry Twigg has been arrested for committing illegal acts with a 17-year-old boy. Twigg was a high school teacher at Waterloo West HIgh School He was charged for persuading or coercing the boy to disrobe in order to arouse the teacher. Twigg is now in jail on bond for $25,000. This comes to a surprise to a lot of the students in this area. One of my friends who graduated from this High School thought he was a great teacher. I was mainly curious if anyone in this class had known the teacher? I am also curious if more kids will come out and admit to similar things happening with the teacher? There are a lot of repercussions from this case for Mr. Twigg. Besides losing his job he will also not be allowed to live near a school to say the least. This is certainly a tragic case for a lot of people in the Waterloo community and the repercussions will leave a devastating effect on the school. It just shows another way how psychology spreads in such a wide way.

 

 

http://www.wcfcourier.com/news/local/article_4792bd76-104c-11df-bddf-001cc4c03286.html

 

 

 

 

http://news.google.com/newspapers?id=BjUTAAAAIBAJ&sjid=DfADAAAAIBAJ&pg=6825%2C8992713
 
While reading my assigned chapter for my Applied Psychology class, I found an interesting concept that was directly related to our class. The Pygmalion Effect (for those who don't know) is when people unintentionally influence others to perform a certain way because they expect them too. It's sort of like the self-fulfilling prophecy concept but only applied to a social situation. The studies on the Pygmalion Effect were conducted in regards to certain students performing better in the classroom because the teacher expected them to do so. Interestingly enough, this same concept can be applied to judges unintentionally influencing the juries decision based on their own perceived notion that the defendant is guilty. Studies found that if the judge believed that the defendant was guilty, he gave many non-verbal cues that would indicate that belief despite appearing unbiased. Also, despite jurors believing that they were unswayed by the judge's demeanor, studies found that juries would return with a guilty verdict more often when the judge believed the defendant was guilty.
 I found this topic extremely interesting and I'm currently in the process of researching more about it. From the information I gathered so far on the topic, there was a study conducted where a mock jury was shown a video tape of a trial then a separate video of the judge giving juror instructions. The separate video was of the juror instructions the judge had given from an entirely different trial (one which the judge had an unspoken belief of the defendant's guilt). The mock jury was then asked to render a verdict. The study found that jurors who viewed the instructions from a trial in which the judge believed the defendant was guilty came back with a guilty verdict between 43%-57% (cited from Applied Psychology New Frontiers and Rewarding Careers, chapter 5: Applying Psychological Research on Interpersonal Expectation and Covert Communication in Classrooms, Clinics, Corporations, and Courtrooms by Robert Rosenthal)!

Hearsay Evidence

| 0 Comments | 0 TrackBacks
In an article on CNN.com (found here) regarding the Drew Peterson murder case, a small portion of it makes mention of the fact that over a months worth of hearings have been held regarding the inclusion of hearsay evidence. While the article paid very little attention to it, mostly reporting it as a bit of background on what has happened in the case so far it got me thinking.

It is fair to say that I am not the sort of person who would ignore evidence just because the defense felt it is unfair to them, but hearsay evidence is pushing it even by my standards. It seems to me that it is trying to convict someone over what some guy said at the bar. Certainly if this is brought up in conjunction with either physical or direct witness evidence then sure toss it in, but make sure that the jury knows it is nothing more then rumor and hearsay. However, if all you have is hearsay I'm inclined to think that you are just grabbing at straws and bringing someone to trial over that makes a mockery of the justice system.
Last year I took an honors course on Japan. While we never discussed or directly explored the Japanese court system, the professor slipped out a tidbit of information that always struck me as interesting. She said that in Japan, if you sincerely apologize for your actions, you will receive a greatly reduced sentence. I've had a hard time finding any information to back this up, but I did come across this article which seems to substantiate the claim. Sheila Johnson explains that this forgiveness after an apology occurs throughout the culture. Can you imagine if we let Blagovich or Spitzer off because they apologized? Johnson says that the difference in this regard between our two cultures is that we live in a "guilt" society and Japan lives in a "shame" society. When the Japanese apologize, they feel extremely shameful and believe that they have dishonored their family. And since, in Japanese culture, your family includes every family member who came before you and all of your descendants, this is a pretty big deal.

The importance and weight of an apology is also felt in their business world. If an employee acts unethically, their supervisor or the head of the company will often take the blame for them, sometimes even quitting or suspending themselves.

It's hard for me to imagine what our culture would be like if a murderer apologized and was sentenced to only 10 years in prison. We would have murderers and rapists out walking the streets, which frightens me. I greatly prefer our system, where you are punished for your crime, and your apology carries little weight.

After reading the post Ashley mad on "the Kehoe Case: Iowa Mother Guilty of Murdering her 2 Year old" it got me thinking. In the article it talked about how Michelle Kehoe had undergone 44 electric shock therapies (ECT). I'm sure if you have taken any Abnormal Psychology courses you have heard something about an ECT. ECT are usually associated with Major Depressive disorder. Some people think that it is against humanity to use this type of procedure on people and other see it as a great therapy. I do have my own opinions about whether or not it should be used but I would like for everyone else to see material about it and make their own judgment on whether or not is should be a form to treat people with depression and mood disorders.

 I found a website that someone who has had ECT personally has put up. This website give background information on the early years of the therapy.  It also gives the risk factors that are associated with the ECT.  Though this website is a little out of date I believe that the information is helpful and fairly accurate.

Here is the link to the website to look at the information http://www.electroboy.com/electroshocktherapy.htm

Now to relate it back to psychology and law; can the ECT cause enough brain damage or sudden loss of memory to make a person commit a crime that they normally wouldn't have done? Is it possible that the effects are great enough to alter someone's mind to where they are unable to know right from wrong? I think these are some questions that may need to be researched to see if this could become a key factor in some trials.

Is ObamaCare Constitutional?

| 3 Comments | 0 TrackBacks

Healthcare. The hot topic of 2009-2010. I don't think I have gone one day without hearing it in over a year. It is a very controversial topic, one people tend to be emotionally vested in. Everyone from the far right to the far left believes that the system needs reform, but the argument remains how. The current plan to reform healthcare is very unpopular with the American people, but the President along with Reid and Pelsoi are determined to make it work, with a "by any means necessary" approach.

With the gigantic hole the Medicare and social security programs have dug themselves into how is it people still trust the federal government not to compound our incredible debt even further?
Do their beliefs and emotions on the subject cloud their vision so much on the topic that they can't see the American People want meaningful reform that works and doesn't continue to rack up the deficit? Is their political ideology so strong that they aren't even willing to seek out reasonable compromise?

Regardless of either sides view's, one question still remains and is being echoed by many from both sides of the aisle. Is government healthcare even constitutional?
The Tenth amendment center has an article that touches on the issue briefly here.
The article dates back to Sept. 2009, but changes have been made to the bill since then, most of which people, and even some people in congress are unclear on.

Many people are saying that the government does not have the power to authorize control of the health care system. Though the Supreme Court has been tolerant of the welfare state under the commerce clause, even the most liberal justices believe that these are boundaries congress should not cross. It also violates substantive due process, which strikes down laws they deem to invade privacy and interfere with personal autonomy.

Roe. V. Wade was a landmark decision by the courts that struck down abortion laws that intruded on the Dr / Patient relationship. Government healthcare would go far beyond this, by not letting people keep their own doctors or make their own decisions about procedures (was debatable but confirmed to be "snuck in" said Obama on 1/29), not to mention the global budgeting and single payer system. These blatantly violate the court's due process rules.

So do people's ideologies exceed their own logic? The constitution can be interpreted in many ways, but government healthcare proponent's arguments especially with the commerce clause are not very strong. 

If the government can't proscribe to use another of the Supreme Court's frameworks (abortion) how can it proscribe access to other medical procedures, things like transplants, corrective or restorative surgeries, chemotherapy treatments, or the multitude of health services that individuals may need or desire?  Do charitable attitudes prevent people from saying no to the current plan on principal?

Partisan politics aside please, consider if you are pro government mandated you can still believe it can be deemed unconstitutional, but it would still be possible through a constitutional amendment.




Subpoenas

| 0 Comments | 0 TrackBacks

While choosing which role I was going to do for one of our class projects, I starting thinking about subpoenas and what happens when people don't comply.  So for this post I decided to focus on subpoenas: What are they exactly?; Compliance v. non-compliance; and what to do once you have received one.

What exactly is a subpoena?

A subpoena is a legal order commanding a person or organization to give sworn testimony at a specified time and place about a matter concerned in an investigation or a legal proceeding.  A subpoena usually requires a person's presence at a trial or requires the presentation of tangible items in a specific legal setting.  Subpoenas are often sent to witnesses, commanding them to appear before a court and testify for the party named in the subpoena.  This subpoena is specifically called a subpoena ad testificandum. 

Non-compliance

If you do not comply with the subpoena or respond in the proper, timely manner to it, you can become in "contempt of court," which simply means that you have not complied with certain court orders regarding a court trial or hearing, and that possible punishments/sanctions may be imposed for not complying with the court.  The judge involved with the case has discretion to decide what is contempt and how to punish it.  Jail or prison time is a possible and likely sanction for being in contempt of court, depending on the severity of the person's role in the case/trial. 

http://legal-dictionary.thefreedictionary.com/Contempt+of+Court

If you have received a subpoena...

You should contact your lawyer immediately or get a lawyer if you don't already have one.  You can contest a subpoena if you don't think it is valid or reasonable, but you must inform the court about your decision to challenge it.  If you decide to accept it, and comply, most transportation costs should be covered.  Costs and fees set according to the rules of the court should be named in the subpoena.  You should receive cash or check before you appear in a civil case.  You should receive an attendance fee and travel reimbursement after you testify in a criminal case. 

 

This is only a brief overview of subpoenas and your options if you receive one.  These are a few websites that were helpful in creating this post. 

http://www.citmedialaw.org/legal-guide/responding-subpoenas

http://www.lectlaw.com/def2/s083.htm

 

 

Hope for the Wrongfully Convicted

| 1 Comment | 0 TrackBacks

This article I found in the NewYork times is about how New York judges are trying to make it easier for people to appeal there sentencing when they are wrongfully convicted.  As of right now, people have to show that there is new evidence in the case and that their rights have been violated. 

http://www.nytimes.com/2009/11/23/nyregion/23innocence.html

With witnesses done in the federal trial over Proposition 8, Chief Judge Vaughn Walker will now retire to his chambers and sort through the evidence -- aided by a complete video recording of the proceedings. Might those tapes get a public airing?

http://www.law.com/jsp/article.jsp?id=1202439569329&Proposition__Trial_Wraps_but_Will_It_Find_a_Wider_Audience

     As if Proposition 8 isn't controversial enough, California's Northern District court hopes to amend a U.S. Supreme Court ruling that prohibited the filming and broadcasting of court proceedings in the Proposition 8 case.  While footage following the high court's decision was prohibited, "Yes on 8" supporters hope to upload existing footage to popular websites such as YouTube for public viewing. 
     According to the article link above, some of the intellectual volleys described seem to be worth waiting for, and the public may get a chance to see them in action.  Objection your honor!  I've wanted to say that just about as long as I've wanted to say "Stop the presses!".
     While we have all watched courtroom footage (my first was the OJ Simpson trial), what are the implications of making courtroom proceedings available to the public?  As online video accessibility reaches more of the nation every day, doesn't it make sense to make at least some of this public process available?  Wouldn't this option improve transparency within the justice system, and provide more data for experts to analyze? 
     Though I am not a citizen of California, Iowa has a similar law that will inevitably come under scrutiny, and access to the details of the trial on Prop 8 would likely serve both sides very well.
    

Texas Style Deposition

| 0 Comments | 0 TrackBacks
Wow is all I can say for this deposition. The depositions that I have been in were nothing like that. Usually it never gets that out of hand and usually the DA or someone else would stop you if it started getting out of hand. These men even restorted to calling each other fat boy and hairpiece man and even threatned to fight it out .How much is to much with court precedings?  Warning there is some profanity and a lot of hostility displayed, but it is entertaining because one guy sounds like jeff Foxworthy. I wonder how much people get paid to put up with that on a day to day basis, I know I wouldnt be able to deal with the out of control behavior. Here is a link to the video http://www.stumbleupon.com/su/6rdaLs/www.youtube.com/watch%253Fv%253DZIxmrvbMeKc 

Polanski and Discretion

| 0 Comments | 0 TrackBacks
For those who don't know Roman Polanski is a director of some very well regarded movies. He has also spent the last few decades on the run after being pleading guilty to raping a 13 year old girl. After the prosecution decided to lower the charges they brought against Polanski in exchange for a guilty plea. However Polanski had heard that the judge was thinking of rejecting the short prison term the prosecution had agreed to and throwing the proverbial at the director. In light of this Polanski ran. He has spent years on the run carefully avoiding countries with extradition agreements with the US.

After his arrest last year in Switzerland his lawyers have tried to argue that he does not need to be extradited to the US. The judge disagrees even throwing out a request from the victim of Polanski's crime that the case be dropped. Discretion is all over this case from the prosecutions decision to lower the charges against Polanski, to Polanski's own judgment to flee justice. The story I read can be found here.
  In October 2008, Michelle Kehoe drove herself and her two boys, Seth (age 2) and Sean (age 7) to Hook-n-Liner Pond near Littleton, IA. She then tied both of her boys up, duct taped their eyes, nose, and mouths, and slashed their throats leaving little Seth dead and seriously injuring Sean. She then proceeded to the edge of the pond and attempted suicide by slashing her own throat. When she did not succeed with her suicide attempt, Kehoe went to a nearby house and claimed that a man kidnapped them and killed her children. Unbeknown to Kehoe, her son Sean had survived the attack and was able to tell authorities in the hospital later that day what truly happened.
 In November 2009, Kehoe stood trial for the murder of her son Seth and plead insanity. She was later found guilty of 1st Degree Murder, Attempted Murder, and Child Endangerment. In December 2009, she was sentence to life without the possibility of parole for the murder, 25 years for attempted murder, and 10 years for the child endangerment charged.
 
 Click here for the article about the trial. This also has short video clips of the trial including testimony from both psychologists, the recorded statement from Kehoe's surviving son, and the Kwik Star surveillance video of the family shortly before the horrific crime.
 Click here for the article about the sentencing hearing and how Kehoe's husband asked for leniency but the judge denied it. (Please note that the dates written in the article are wrong. Kehoe committed the crime in 2008 and the trial was held in 2009)

 For me, this case hit extremely close to home, in more ways than one. First off, there is the physical aspects of the crime. Kehoe stopped with her boys at the Kwik Star in Jesup, Iowa (which is where I live) and the store clerk who testified is a person that I know.
 After leaving Kwik Star, Kehoe drove down the road and stopped to let her boys play at the playground in front of St. Athanasius School. This playground is located directly behind my house (all that separates my yard from the playground is a single row of trees) and my oldest son plays there often. At this point in the time line, Kehoe purposely left her cell phone so that nobody could call for help.
 From the park, Kehoe drove a few miles further to Hook-n-Liner Pond. This happens to be my husband's and my fishing spot (since this happened though, we have decided to find a new spot). It is located in an extremely secluded location so a person would have to be familiar with the area to find it. Kehoe was originally from this area. In fact, the house down the road from it used to be owned by one of her relatives.
 After she committed this heinous act, the first officer on the scene was my neighbor (at that time) from across the street. He later told me that it was a very disturbing scene and he had an emotionally hard time dealing with it afterward.
 This case also hit close to home for me emotionally because I am a mother of two boys as well (my oldest is 6 and my youngest is 18 months) and their ages were relatively close to the ages of Kehoe's boys. As a mother, it is hard to fathom how a person could harm their own child. Even on the most stressful of days (and believe me, there are a lot of those when you have two young ones), I still cannot even dream of hurting them. Although I have always been interested in psychology and criminology, it is this lack of comprehension that propels me to learn more in search of answers or better yet, theories as why this sort of thing happens.
 I followed this case very closely  because I suspected that Kehoe would attempt an insanity plea. My initial thoughts, before I knew all the facts, was that her attorney would claim it was Munchhausen Via Proxy (based on an incident prior where she drove her van with her kids inside into a river and then in this case, the fact that she ran for help after the fact and concocted the story about being kidnapped).
 When I watched the trial on CNN's In Session, I was very surprised to hear about how severe Kehoe's depression was. The psychologist for the defense testified that Kehoe had actually undergone Electric Shock Therapy treatment up to 44 times in the last 12 years. Regardless of the severity of her depression, Kehoe was not insane (by the legal definition). She knew right from wrong and there was a lot of strong evidence to support malice aforethought (which is the determining factor for Murder in the 1st Degree).
 Another thing that stood out to me during the trial was Kehoe's defense attorney. When I saw her, she looked, at times, somewhat disheveled in appearance compared to the crisp, clean-cut prosecutor. Her closing arguments were also horribly delivered. She occassionally stumbled across words, at times seemed to lack confidence in what she was saying, and a few times she paused for long periods of time as if she had lost her place in her speech. Even though the evidence against Kehoe was overly abundant, it is my opinion her attorney really didn't help her case either.
 You can see the closing arguments, other court segments, and a photo timeline of the Kehoe case here as well.

The Twinkie Defense

| 2 Comments | 0 TrackBacks
Have you ever seen the Oscar winning film, Milk? This article is about the man (Dan White) who murdered the San Francisco mayor, George Moscone, and the board supervisor, Harvey Milk. This case gained notoriety not only because the first openly gay official was murdered but also because many media agencies reported that White beat the murder conviction by using an insanity plea (stating that he ate too much junk food which made him insane). The media nicknamed this defense tactic as  the Twinkie Defense. 
http://www.trutv.com/library/crime/criminal_mind/psychology/insanity/7.html
 

Child Witness Testimony

| 1 Comment | 0 TrackBacks
In a program series called Discovering Psychology, Philip Zimbardo narrates a particular program called Applying Psychology in Life.
 In the program, Research Psychologist Stephen Ceci is interviewed about child witness testimony. He discusses how investigators can inadvertently alter a child's memory by asking leading questions. His research has also laid down groundwork for interviewing children in many jurisdictions.
 This segment was extremely interesting to me and I encourage you all to watch it. It's roughly 7 minutes long but it is filled with a lot of  useful and interesting information.

http://www.learner.org/vod/vod_window.html?pid=1521
*Please note, this video link is for the entire show. You may need to download Media Player 11 to watch it. To get to Ceci's segment, pull the video's progress bar to 12 minutes and 40 seconds into the video. Also, directly following the segment is a different segment about conflict management that begins with images from the Columbine incident (this begins around 19 minutes and 20 seconds). Please note that this segment is entirely different and strictly pertaining to conflict management among youth and not the judicial system. 

Insanity: a Luxury Plea

| 2 Comments | 0 TrackBacks
A man gets out with no sentence after he kills his wife, all evidence pointed to him. A woman drowns her five children in the bathtub, because she hears the voice of satan. Many more of these cases have been dealt with and guilty people get off! Is there really justice in the Insanity Plea? Can anyone be "insane?" Is "insanity" a luxury only certain people can afford, or do you really have to be *coo-coo for cocoa- puffs* to be let off regular sentence all because you weren't thinking right? To me the insanity plea is outdated and not just- at all! After doing a search on it though I came across a history put out by IPTV on the Insanity Plea. While my opinion is anyone who commits crime is "insane" and needs punished to the just degree, maybe someone is looking out for the rare percent that actually is "insane" in what they do.

http://www.pbs.org/wgbh/pages/frontline/shows/crime/trial/history.html

Mafia Boss John Gotti Beats Prosecution

| 1 Comment | 0 TrackBacks

The son of the late notorious John Gotti Sr. Junior gets racketeeting charges droped after the prosectuion fails to convince the jury that Junior is guilty.  Four failed trials and he is a free man.  The main question that comes to my mind is the idea from old mobseter movies, when the mob always manages to get to some of the jury members and threatens their families lives if they don't go their way.  Now the fact that they tried to prosecute him with four different juries and failed only goes further to support my assumption.

http://www.cnn.com/2010/CRIME/01/13/new.york.feds.gotti/index.html?iref=allsearch 

 

Categories