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Is
there justice anywhere in the world? There's not much here in the U.S.; but occasionally, some sense of justice
seeps through, despite the efforts of the current Bush Administration to undermine rights and civil liberties with nonsense
like the USA Patriot Act, passed in October, 2001, or detaining people of a "certain look", without charging them with
a crime (and denying them legal counsel since they are held incognito), etc. There are many who contend
that things are worse elsewhere, but my response is "just barely". Is it "justice" when people of color are given longer,
harsher prison sentences than caucasions who have committed similar offenses? I think not. Is there justice when
Martha Stewart is indicted for lying to federal investigators about insider trading (as she should have been) and yet Ken
Lay, former CEO of Enron, and ultimately responsible for one of the biggest corporate scandals in history, has NOT been indicted;
or CEOs of tobacco companies shamefully lied to a Congressional committee that tobacco was not an addidctive drug, nor
was it responsible for cance-related deaths. All of those criminals should have been indicted for perjury and sent to
jail. It's obvious Martha Stewart should have contributed some big money to George Bush's election campaign. Ken
Lay and the tobacco executives know who their friends in government are. Please read on about law and justice here in
the U. S. This link will be informative, eye-opening, and, in some cases, humorous.
PAGE CONTENTS:
Miscellaneous Tidbits
How to Argue Like a Lawyer
Minor v. Happersett
Eleven Great Puns About the Law
Miscellaneous Tidbits
The ‘v’ in the name of a court case does not stand for‘versus’, but for
‘and’ (in civil proceedings) or‘against’ (in criminal proceedings).
The Miranda Ruling
In 1963, Ernesto Miranda was accused of kidnapping and
raping an 18-year-old, mildly retarded woman. He was brought in for questioning, and confessed to the crime. He was not told
that he did not have to speak or that he could have a lawyer present. At trial, Miranda's lawyer tried to get the confession
thrown out, but the motion was denied. In 1966, the case came in front of the Supreme Court. The Court ruled that the statements
made to the police could not be used as evidence, since Miranda had not been advised of his rights. Since then the police
have been required to recite the Miranda warning.
Jails are most often run by sheriffs
and/or local governments and are designed to hold individuals awaiting trial or a serving short sentences.
Prisons
are operated by state governments and the Federal Bureau of Prisons (BOP) and are designed to hold individuals convicted of
crimes.
In 1909, Annette Kellerman, the Australian swimming star, appeared on
a Boston beach wearing a figure-fitting jersey bathing suit with sleeves shortened almost to her shoulders and trousers ending
two inches above her knees. She was arrested for indecent exposure.
On January 22, 1976, a guerrilla force blasted into the vaults of the
British Bank of the Middle East in Bab Idriss, cleaning out the contents of the safe deposit. The boxes of cash and other
valuables were estimated by former finance minister Lucien Dahdah at $50 million. It was the single most lucrative bank robbery
in history, occurring during the worst civil unrest period ever in Beirut, Lebanon.
On August 12, 1895, Minnie Dean became the first woman to be hanged in
New Zealand. Her crime was "baby farming." She would adopt unwanted babies for a certain fee and then dispose of them, a "service"
she began in 1889. The police caught on to Minnie after six years and found her to be most certainly guilty when they dug
up three bodies of infants in her flower garden.
The United States is second in the world in its rate of incarceration,
exceeded only by Russia.
93% of prison inmates are male, 7% female.
New York was the first state to require the licensing of motor vehicles.
The law was adopted in 1901.
Congress passed a law prohibiting American vessels from supplying slaves
to other countries on March 22, 1794.
Congress prohibited dueling in the District of Columbia on February 20,
1839.
Connecticut and Rhode Island never ratified the Eighteenth Amendment: Prohibition.
Contrary to many reports, the Eisenhower Interstate System does NOT require
that one mile in every five must be straight in the United States. The claim that these straight sections are usable as airstrips
in times of war or other emergencies does not exist in any federal legislation. Korea and Sweden DO use some of their roads
as military air strips.
Courts of law in the United States devote about half their time to cases
involving automobiles.
Dancing to the "Star-Spangled Banner" is against the law in several American
states.
Dueling is legal in Paraguay as long as both parties are registered blood
donors.
In Britain, the law was changed in 1789 to make the method of execution
hanging. Prior to that, burning was the modus operandi. The last female to be executed by burning in England was Christian
Bowman. Her crime was making counterfeit coins.
In Canada, if a debt is higher than 25 cents, it is illegal to pay it with
pennies.
In 1909, Annette Kellerman, the Australian swimming star, appeared on a Boston beach wearing a figure-fitting jersey
bathing suit with sleeves shortened almost to her shoulders and trousers ending two inches above her knees. She was arrested
for indecent exposure.
The U.S. Congress regulates the number of Justices on the Supreme Court.
Originally having only six Justices, it had as many as ten at one time. In 1826, Congress voted to set the membership at nine.
When it was first established, the U.S. Supreme Court used juries.
Belgium is the only country that has never imposed censorship laws on adult
films.
The US federal income tax was first enacted in 1862 to support the Union's
Civil War effort. It was eliminated in 1872, revived in 1894 then declared unconstitutional by the Supreme Court the following
year. In 1913, the 16th Amendment to the Constitution made the income tax a permanent fixture in the US tax system.
The only crime defined in the U.S. Constitution is treason— Article
III, Section 3.
FBI agents were first allowed to carry guns in 1934, 26 years after the
agency was established.
The first lawyer to practice in New York City, Adriaen van der Donck, arrived
in 1653. He had a problem. He was the only lawyer in town. The government of the then New Amsterdam didn't think it was fair
to allow him to argue a case in court since the other side could not be similarly represented by counsel.
Source: THE NEW
YORK BOOK OF FIRSTS
Americans filed more civil lawsuits per capita in 1830 and in 1850 than
they do today. (Source: Ralph Nader/Slate.com/University of Wisconsin Law School)
The United States Supreme Court once ruled Federal income tax unconstitutional.
Income tax was first imposed during the Civil War as a temporary revenue-raising measure.
Until the first Divorce Court was established in 1857 it was common practice
for British men to trade their unwanted spouses like any other possession? (Source: Useless Trivia)
The first state minimum wage law in the U.S. went into effect in Massachusetts
on July 1, 1913. It would be another 25 years before minimum wage law went into effect nationally.
In Atlanta, Georgia, it is illegal to tie a giraffe to a telephone pole
or street lamp.
In Breton, Alabama, there is a law on the town's books against riding
down the street in a motorboat.
In Britain, a horseshoe was not thought to be lucky traditionally. It
was thought to be a guardian against all evil forces, as inhabitants of the spirit world were supposed to flee from the sight
of cold iron.
In Britain, the law was changed in 1789 to make the method of execution
hanging. Prior to that, burning was the modus operandi. The last female to be executed by burning in England was Christian
Bowman. Her crime was making counterfeit coins.
In Canada, if a debt is higher than 25 cents, it is illegal to pay it
with pennies.
ARE ATTORNEY AND LAWYERS THE SAME THING?
Lawyers graduate from law school. Only they can call themselves lawyers. An attorney,
however, is anyone authorized by you to act on your behalf. Your best friend can be your attorney. That's why they call various
documents "power of attorney". An attorney-at-law is usually a lawyer who acts on your behalf regarding all legal proceedings.
What if an atheist or an agnostic were an important witness
to a crime--how would that person be sworn in?
When a witness refuses to swear to God, the court accepts an "affirmation"
instead. In a jury trial, the smart lawyer will arrange for this ahead of time in the judge's chambers, so the witness won't
look unduly obstreperous or morally deficient in open court. The judge may then instruct the jury that the funny oath they
are about to hear should be considered legally valid.
The American Library Association (ALA) opposes any use of governmental
power to suppress the free and open exchange of knowledge and information or to intimidate individuals exercising free inquiry…ALA
considers that sections of the USA PATRIOT ACT are a present danger to the constitutional rights and privacy rights of library
users.” - from the American Library Association’s Resolution on the USA Patriot Act.
The “USA PATRIOT” Act expands the federal government’s
authority to investigate American citizens. Since the passage of the USA PATRIOT Act, it is possible that library users’
activities may be monitored by the federal government. FBI agents can obtain court orders that allow them to examine user
circulation records and Internet use records. Some court orders even allow agents to monitor email and chat room activities
without probable cause.
Privacy is essential to the exercise of free speech, free thought, and
free association. In a library, the subject of a user’s interests should not be examined or scrutinized by others, especially
our government. Provisions of the USA PATRIOT Act seriously undermine our civil rights and liberties guaranteed under the
United States Constitution.
How to Argue Like a Lawyer
Civilized debate is healthy--and can be fun. To learn some tricks of the tirade, KnowledgeNews sought out tips from
the acknowledged experts on arguing: lawyers. And they gave us three good ways to help you make your point.
1. Analogize and Distinguish
Most courts are
strongly influenced by decisions already made in similar cases, which is why lawyers are always looking for these precedents.
But the previous cases are rarely identical to the case being argued, which leaves everyone with wiggle room.
Lawyers handle precedents in two ways. If the outcome of the previous case
is favorable to your client, you analogize by emphasizing how this precedent is very similar to your case. But, if the outcome
of the previous case would encourage a decision against your client, you distinguish by pointing out how the precedent differs.
Pointing out all the differences between the precedent and your case tends to blunt the impact of the precedent.
2. Don't Hide Bad News
How many movies have you
seen in which a witness reveals some shocking fact on the stand? In real life, lawyers on both sides spend hours poring over
documents and interviewing witnesses before going to trial, so there are rarely surprises. Of course, that means your
opponent knows the flaws in your case almost as well as you do. Rather than letting the other side pounce on a case's worst
flaw and trumpet it, lawyers often will touch lightly on the weakest point during a long presentation (so the listener has
lots of other things to remember). They'll add just enough detail to make the weakness seem trivial.
This tactic works best when you know that someone surely will point out
any drawbacks to your position--for example, when you are pitching a proposal to your boss in front of those velociraptors
from the marketing department. Try adding something like this as you wrap up your oral presentation: "After looking at all
the options, I recommend this plan. I know it's more expensive than the other bids, but the quality is better and the contractor
is willing to commit to an earlier completion date." Take that, velociraptors.
3. Ask Leading Questions
On TV, attorneys are
always objecting to "leading the witness." A leading question is not really a question--it's more like a statement that ends
with an invitation to agree. When you want to establish how long someone has been on the job, you are leading the witness
if you say: "You've been working on Capitol Hill for three years, right?" The non-leading version ("How long have you worked
for the congressman?") might elicit all kinds of information, such as "ever since my parole ended" or "since 2001, but I met
him when we were patients at the rehab clinic in the '80s."
Leading questions are effective because they allow the questioner to frame
the testimony. The other advantage is that people are likely to agree with a leading question, even if it's not 100 percent
correct. In an argument, you can use leading questions to back your rival into a corner: "Chinese food? We've had Chinese
three times in the past month, haven't we?" As long as the statement is (basically) truthful, it's hard to disagree.
Colleen Kelly
June 25, 2004
KnowledgeNews thanks the attorneys of the federal Office of General
Counsel in Chicago for their advice on winning arguments. Copyright 2004, KnowledgeNews. All rights reserved.
In Missouri in 1872, Virginia Minor tried to register to vote,
and she sued when the registrar wouldn't allow her registration. The case went to the Supreme Court, which in 1874 decided
that women were citizens but that voting was not a necessary part of being a citizen. Read more about Minor v. Happersett,
a key case in the history of women's rights in America.
Minor v. Happersett
A key case in the history of women's rights in America
by Jone Johnson Lewis
On October 15, 1872, Virginia Minor applied to register to vote in Missouri.
The registrar, Reese Happersett, turned down the application, because the Missouri state constitution read: "Every male citizen
of the United States shall be entitled to vote."
Mrs. Minor sued in Missouri state court, claiming her rights were violated
on the basis of the Fourteenth Amendment.
After Minor lost the suit in that court, she appealed to the state Supreme
Court. When the Missouri Supreme Court agreed with the registrar, Minor brought the case to the United States Supreme Court.
The US Supreme Court, in an 1874 unanimous opinion written by the chief
justice, found:
- women are citizens of the United States, and were even before the Fourteenth
Amendment passed
- the right of suffrage -- the right to vote -- is not a "necessary privilege
and immunity" to which all citizens are entitled
- the Fourteenth Amendment did not add the right of suffrage to citizenship
privileges
- the Fifteenth Amendment was required to be sure voting rights were not
"denied or abridged ... on account of race, color, or previous condition of servitude" -- in other words, the amendment was
not necessary if citizenship conferred voting rights
- women's suffrage was explicitly excluded in nearly every state either
in the constitution or in its legal code; no state had been excluded from joining the Union for lack of women's voting rights,
including states re-entering the Union after the Civil War, with newly written constitutions
- the US had made no objection when New Jersey explicitly withdrew women's
suffrage rights in 1807
- arguments about the need for women's suffrage were irrelevant to their
decisions
Thus, Minor v. Happersett reaffirmed the exclusion of women from voting
rights.
©2008 About.com, a part of The New York Times Company. All rights
reserved.
ELEVEN GREAT PUNS ABOUT THE LAW
11) Lawyers wear law suits.
10) Next time you get a lawyer a drink, give him just-ice.
9) A lawyer
using a facsimile machine must be sure to get his fax straight.
8) A lawyer for a church did some cross-examining.
7) Does a lawyer representing an angry cow find just cause for sour milk in a dairy case?
6) A detective likes
to have a brief case.
5) The detective who went to investigate a burned down post office figured that it must be blackmail.
4) There are many judges who would like to acquit smoking.
3) Old judges never die, they just slur their sentences.
2) A police dog is often the scenter of a drug arrest.
1) If there's one person you don't want to interrupt
in the middle of a sentence, it's a judge.
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