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	<title>Comments on: Our Stupid Judicial System</title>
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		<title>By: Kent</title>
		<link>http://www.outsidethebeltway.com/archives/our_stupid_judicial_system/comment-page-1/#comment-141256</link>
		<dc:creator>Kent</dc:creator>
		<pubDate>Mon, 06 Aug 2007 19:35:35 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/08/our_stupid_judicial_system/#comment-141256</guid>
		<description>I&#039;m not going to get too worked up over a potential sentence of one year and $2500. When I was cited for rear-ending someone on a snowy road last winter, I was informed at arraignment that I could &lt;i&gt;potentially&lt;/i&gt; get 30 days in jail and a $500 fine. The reality is that no such sentence is handed out unless the offender really works hard at hacking off the court. (In my case, the citation was dismissed.)

I &lt;i&gt;am&lt;/i&gt; inclined to get worked up over fifteen months for raping a teenager, or six months for nearly shaking a baby to death.

I&#039;ll speculate that part of the problem is that judges know that prisons are hellholes, and shrink from sending anyone there. I would like to see prison reform coupled with &quot;truth in sentencing&quot; where rapists and other violent criminals serve meaningfully long sentences in strictly controlled, but not inhumane, environments. I also recognize that, if we&#039;re going to impose serious sentences, we should also take rather more care to ensure that convictions are soundly arrived at.

And while I&#039;m spouting off on things I&#039;d like to have that I know I won&#039;t get, I wish the MacArthur Foundation would give me a million-dollar genius grant, and Bill Gates would write me into his will.</description>
		<content:encoded><![CDATA[<p>I'm not going to get too worked up over a potential sentence of one year and $2500. When I was cited for rear-ending someone on a snowy road last winter, I was informed at arraignment that I could <i>potentially</i> get 30 days in jail and a $500 fine. The reality is that no such sentence is handed out unless the offender really works hard at hacking off the court. (In my case, the citation was dismissed.)</p>
<p>I <i>am</i> inclined to get worked up over fifteen months for raping a teenager, or six months for nearly shaking a baby to death.</p>
<p>I'll speculate that part of the problem is that judges know that prisons are hellholes, and shrink from sending anyone there. I would like to see prison reform coupled with "truth in sentencing" where rapists and other violent criminals serve meaningfully long sentences in strictly controlled, but not inhumane, environments. I also recognize that, if we're going to impose serious sentences, we should also take rather more care to ensure that convictions are soundly arrived at.</p>
<p>And while I'm spouting off on things I'd like to have that I know I won't get, I wish the MacArthur Foundation would give me a million-dollar genius grant, and Bill Gates would write me into his will.</p>
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		<title>By: Steve Verdon</title>
		<link>http://www.outsidethebeltway.com/archives/our_stupid_judicial_system/comment-page-1/#comment-141155</link>
		<dc:creator>Steve Verdon</dc:creator>
		<pubDate>Sun, 05 Aug 2007 23:32:45 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/08/our_stupid_judicial_system/#comment-141155</guid>
		<description>&lt;blockquote&gt;Stupid judicial system or stupid copyright system?&lt;/blockquote&gt;

Both.  As for the enforcement, the problem is that we appear to do just exactly what you are saying Dave, but with more serious crimes.  When you rape a young girl it seems to me the punishment should be more than what you&#039;d get if you video tape 20 seconds of a movie.  There was recently a post over at the Volokh conspiracy where charges were brought against a man for raping a woman something like 25+ years ago and the main bit of evidence appears to have been nothing more than recovered memories.  The whole thing looked like nothing more than an attempt to smear a person.  Then there is the Genarlow Wilson case where it looks like the DA in that case is at least guilty of distributing child porn to shore up a case that is recieving severe criticism.  And, Genarlow Wilson isn&#039;t in prison for 15 months like the rapist above, but 10 years.  The more you look at our judicial system the more you see some very ugly and some very serious warts, IMO.</description>
		<content:encoded><![CDATA[<blockquote><p>Stupid judicial system or stupid copyright system?</p></blockquote>
<p>Both.  As for the enforcement, the problem is that we appear to do just exactly what you are saying Dave, but with more serious crimes.  When you rape a young girl it seems to me the punishment should be more than what you'd get if you video tape 20 seconds of a movie.  There was recently a post over at the Volokh conspiracy where charges were brought against a man for raping a woman something like 25+ years ago and the main bit of evidence appears to have been nothing more than recovered memories.  The whole thing looked like nothing more than an attempt to smear a person.  Then there is the Genarlow Wilson case where it looks like the DA in that case is at least guilty of distributing child porn to shore up a case that is recieving severe criticism.  And, Genarlow Wilson isn't in prison for 15 months like the rapist above, but 10 years.  The more you look at our judicial system the more you see some very ugly and some very serious warts, IMO.</p>
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		<title>By: Michael</title>
		<link>http://www.outsidethebeltway.com/archives/our_stupid_judicial_system/comment-page-1/#comment-141142</link>
		<dc:creator>Michael</dc:creator>
		<pubDate>Sun, 05 Aug 2007 20:20:07 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/08/our_stupid_judicial_system/#comment-141142</guid>
		<description>The most amazing part is that the act of videotaping 20 seconds of a movie is not a violation of copyright law.  In fact, that right is almost explicitly given in the &quot;fair use&quot; section of copyright law.  

However, in criminal law, it is a separate offense to video tape all or part of a motion picture inside a movie theater, regardless of whether it is a violation of copyright or not.</description>
		<content:encoded><![CDATA[<p>The most amazing part is that the act of videotaping 20 seconds of a movie is not a violation of copyright law.  In fact, that right is almost explicitly given in the "fair use" section of copyright law.  </p>
<p>However, in criminal law, it is a separate offense to video tape all or part of a motion picture inside a movie theater, regardless of whether it is a violation of copyright or not.</p>
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		<title>By: Dave Schuler</title>
		<link>http://www.outsidethebeltway.com/archives/our_stupid_judicial_system/comment-page-1/#comment-141126</link>
		<dc:creator>Dave Schuler</dc:creator>
		<pubDate>Sun, 05 Aug 2007 15:53:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/08/our_stupid_judicial_system/#comment-141126</guid>
		<description>Stupid judicial system or stupid copyright system?

Whatever became of the principle of &#147;a government of laws not of men&#148;?  If you don&#039;t want the law enforced, repeal it.  If you only want it enforced some of the time, how will you ensure that it&#039;s enforced at the &#147;right time&#148;.  Sounds like a formula for tyranny to me.</description>
		<content:encoded><![CDATA[<p>Stupid judicial system or stupid copyright system?</p>
<p>Whatever became of the principle of &#8220;a government of laws not of men&#8221;?  If you don't want the law enforced, repeal it.  If you only want it enforced some of the time, how will you ensure that it's enforced at the &#8220;right time&#8221;.  Sounds like a formula for tyranny to me.</p>
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		<title>By: floyd</title>
		<link>http://www.outsidethebeltway.com/archives/our_stupid_judicial_system/comment-page-1/#comment-141118</link>
		<dc:creator>floyd</dc:creator>
		<pubDate>Sun, 05 Aug 2007 14:42:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/08/our_stupid_judicial_system/#comment-141118</guid>
		<description>&quot;&quot;Hell, abort a fetus, become a champion of the DNC!&quot;&quot;
&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;&quot;
Now I don&#039;t care WHO you are,that there&#039;s funny!!
But I assume &quot;DNC&quot; is referring to the democrats and not the medical procedure!Right?</description>
		<content:encoded><![CDATA[<p>""Hell, abort a fetus, become a champion of the DNC!""<br />
""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""<br />
Now I don't care WHO you are,that there's funny!!<br />
But I assume "DNC" is referring to the democrats and not the medical procedure!Right?</p>
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		<title>By: Grewgills</title>
		<link>http://www.outsidethebeltway.com/archives/our_stupid_judicial_system/comment-page-1/#comment-141110</link>
		<dc:creator>Grewgills</dc:creator>
		<pubDate>Sun, 05 Aug 2007 12:49:26 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/08/our_stupid_judicial_system/#comment-141110</guid>
		<description>It doesn&#039;t look like either of you read the article carefully.  The case is ridiculous, but is not a sign of stupid courts.  She is facing 1yr and $2500 if she is convicted and receives the maximum sentence.  This is not a done deal.  She could end up getting a slap on the wrist or the full possible punishment.  The decision to press charges was made by the theater not some out of control prosecutor.  The law that allowed this was the &lt;a href=&quot;http://www.copyright.gov/legislation/pl109-9.html&quot; rel=&quot;nofollow&quot;&gt;Family Entertainment and Copyright Act of 2005&lt;/a&gt;.  This law was passed by the Republican House and Senate and signed by Bush.  Tell me again now who is responsible for onerous regulations.</description>
		<content:encoded><![CDATA[<p>It doesn't look like either of you read the article carefully.  The case is ridiculous, but is not a sign of stupid courts.  She is facing 1yr and $2500 if she is convicted and receives the maximum sentence.  This is not a done deal.  She could end up getting a slap on the wrist or the full possible punishment.  The decision to press charges was made by the theater not some out of control prosecutor.  The law that allowed this was the <a href="http://www.copyright.gov/legislation/pl109-9.html" rel="nofollow">Family Entertainment and Copyright Act of 2005</a>.  This law was passed by the Republican House and Senate and signed by Bush.  Tell me again now who is responsible for onerous regulations.</p>
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		<title>By: Wyatt Earp</title>
		<link>http://www.outsidethebeltway.com/archives/our_stupid_judicial_system/comment-page-1/#comment-141095</link>
		<dc:creator>Wyatt Earp</dc:creator>
		<pubDate>Sun, 05 Aug 2007 03:39:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/08/our_stupid_judicial_system/#comment-141095</guid>
		<description>Hell, abort a fetus, become a champion of the DNC!</description>
		<content:encoded><![CDATA[<p>Hell, abort a fetus, become a champion of the DNC!</p>
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		<title>By: Steve Verdon</title>
		<link>http://www.outsidethebeltway.com/archives/our_stupid_judicial_system/comment-page-1/#comment-141092</link>
		<dc:creator>Steve Verdon</dc:creator>
		<pubDate>Sun, 05 Aug 2007 02:40:23 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/08/our_stupid_judicial_system/#comment-141092</guid>
		<description>I agree with that Bithead.  It seems to me that the problem with the legal system is that some of the people in the system are running amok.  I think it is high time we re-visited the idea of immunity for prosecutors.  I don&#039;t think we should completely eliminate it, but certainly weakening so it doesn&#039;t take something like the Duke Lacrosse fiasco to bring about some sort of discipline to the profession.</description>
		<content:encoded><![CDATA[<p>I agree with that Bithead.  It seems to me that the problem with the legal system is that some of the people in the system are running amok.  I think it is high time we re-visited the idea of immunity for prosecutors.  I don't think we should completely eliminate it, but certainly weakening so it doesn't take something like the Duke Lacrosse fiasco to bring about some sort of discipline to the profession.</p>
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		<title>By: Nightly Ramble: quick ones &#124; BitsBlog</title>
		<link>http://www.outsidethebeltway.com/archives/our_stupid_judicial_system/comment-page-1/#comment-141078</link>
		<dc:creator>Nightly Ramble: quick ones &#124; BitsBlog</dc:creator>
		<pubDate>Sat, 04 Aug 2007 22:54:42 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/08/our_stupid_judicial_system/#comment-141078</guid>
		<description>[...] bottom line here is, Steve, that we have a number of people who are over reliance on the letter of the law, without [...]</description>
		<content:encoded><![CDATA[<p>[...] bottom line here is, Steve, that we have a number of people who are over reliance on the letter of the law, without [...]</p>
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		<title>By: Bithead</title>
		<link>http://www.outsidethebeltway.com/archives/our_stupid_judicial_system/comment-page-1/#comment-141077</link>
		<dc:creator>Bithead</dc:creator>
		<pubDate>Sat, 04 Aug 2007 22:51:15 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/08/our_stupid_judicial_system/#comment-141077</guid>
		<description>The bottom line here is, Steve, that we have a number of people who are over reliance on the letter of the law, without understanding the vision that was behind it.  I&#039;ve been saying for years.</description>
		<content:encoded><![CDATA[<p>The bottom line here is, Steve, that we have a number of people who are over reliance on the letter of the law, without understanding the vision that was behind it.  I've been saying for years.</p>
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