Go Home

prison sentence

4 documents found in 0.001 seconds.

Get Adobe Flash player

DOWNLOADS: (3663)
Download WMV Download Quicktime
PLAYS: (22349)
Play WMV Play Quicktime
Embed

[H/t Heather]

Most of the debate from Republicans regarding the hate-crimes bill that just passed the House -- titled the Local Law Enforcement Hate Crimes Prevention Act of 2009 -- has been of the immensely silly variety that's easily exposed as the thinly built strawmen they are.

Jon Stewart had some fun last night with some of the nonsense we heard in the House as the bill progressed through that chamber. My favorite is Rep. Steve King's claim that the only reason gays get assaulted is that they flaunt their sexuality, and if they'd stop doing that, this would just go away. Reality: Gay-bashing bias crimes are often inflicted on straight people mistaken for being gay. These in fact are nonetheless bias crimes intended to terrorize a target community of gays generally, and should be (and often are) prosecuted as such.

However, David Freddoso at National Review has raised something of a fresh objection, to wit, that the new federal law’s provisions raise the specter of double jeopardy:

People usually think of hate-crimes bills as sentence-enhancers – and indeed, many state hate-crime laws take that format. The Shepard bill does not. In addition to providing financial help for local prosecutors for hate crimes, it creates a new federal charge, with a ten-year prison sentence, that can be used against those who commit “crimes of violence” with firearms or explosives, or which cause serious bodily harm, motivated by hatred toward certain groups.

Among other things, the bill permits the U.S. Attorney General to initiate federal hate-crime prosecution in cases where “the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence.”

If someone is acquitted of an alleged hate crime at the state level, this bill allows federal prosecutors to haul him into federal court for the same alleged act, based only on evidence that “hate” motivated the crime that the jury says the defendant didn't commit. This makes use of a loophole in the constitutional protection from double jeopardy.

This struck me immediately as specious -– my understanding of these things, such as it is, is that the federal charges would have to undergo a strict review from the Justice Department regarding double jeopardy, states rights, and free-speech issues before proceeding. That's contained within the language of the bill:

Continue reading »



Mike's Blog Round Up

Yet more blog links for you from Bob Morris of the leftie enviro Politics in the Zeros.

Asymptotic Life cut carbon emissions in their home by a whopping 70% after doing an energy audit - saving money in the process too. Here's how they did it.

They went underground in another country to infiltrate groups carrying out terrorism in their country. When they discovered serious new plots, they notified law enforcement in that country - and for their trouble received harsh decades-long prison sentences. Yes, The Cuban Five still rot in US prisons.

Will Bloomberg run in 2008? (Talk about an 800 lb. gorilla...!)

Respect, the UK party co-founded by George Galloway MP, has fractured mostly due to machinations by the far left SWP. The resulting shambles is affecting their major antiwar coalition. Sigh.

Considering the droughts, maybe it's time to re-think golf courses in deserts?

Send tips to bob (at) polizeros (dot) com



Breaking: Scooter Libby's sentence commuted by Bush...

msnbc-libby-pardon.jpg It's just hitting CNN and MSNBC. Bush just obstructed justice.

icon Download | play icon Download | play

The official said Bush "has commuted the prison sentence ... leaving intact the probation and fines handed down by the court.""That means he is not going to jail," the official said.

The rule of law Conservatives are a joke..

The Bush Statement:

Mr. Libby was sentenced to thirty months of prison, two years of probation, and a $250,000 fine. In making the sentencing decision, the district court rejected the advice of the probation office, which recommended a lesser sentence and the consideration of factors that could have led to a sentence of home confinement or probation.I respect the jury’s verdict. But I have concluded that the prison sentence given to Mr. Libby is excessive. Therefore, I am commuting the portion of Mr. Libby’s sentence that required him to spend thirty months in prison.

My decision to commute his prison sentence leaves in place a harsh punishment for Mr. Libby. The reputation he gained through his years of public service and professional work in the legal community is forever damaged. His wife and young children have also suffered immensely. He will remain on probation. The significant fines imposed by the judge will remain in effect. The consequences of his felony conviction on his former life as a lawyer, public servant, and private citizen will be long-lasting….

What crap. Marcy Wheeler:

Well, George did it. Made sure that Scooter wouldn’t flip rather than do jail time. He commuted Libby’s sentence, guaranteeing not only that Libby wouldn’t talk, but retaining Libby’s right to invoke the Fifth.This amounts to nothing less than obstruction of justice.



Ghost Air's Visit to Stockholm

via Talk Left: "Ghost Air," the CIA Gulfstream that flew detainees around the world for interrogation, on occasion went to Sweeden. The Washington Post reports that the Swedish authorities have released their own report on the CIA's treatment of prisoners in this secret renditon program. This paragraph says it all:

"Should Swedish officers have taken those measures, I would have prosecuted them without hesitation for the misuse of public power and probably would have asked for a prison sentence," the investigator, Mats Melin, said in an interview. He said he could not charge the CIA operatives because he was authorized to investigate only Swedish government officials, but he did not rule out the possibility that other Swedish prosecutors could do so.