Reader William Dyer (BeldarBlog) writes that he “was disappointed to see your brief entry today on Overlawyered regarding the Jesus Castillo obscenity case. The stories you linked today are filled with factual errors and generally overblow the story.”
Posts Tagged ‘crime and punishment’
Comics? Must be for kids
“Earlier this [month], the U.S. Supreme Court refused to hear an appeal of Jesus Castillo’s 2000 obscenity conviction for selling a comic book. … In September 1999, Castillo, manager of Keith’s Comics in Dallas, sold a copy of ‘Demon Beast Invasion: The Fallen’ No. 2 to an undercover police officer. The adults-only comic (an English translation of a Japanese manga) was labeled as such and was stocked in an adults-only section of the shop. The police officer was an adult. … ‘I don’t care what kind of testimony is out there,’ the prosecuting attorney said. ‘Comic books, traditionally what we think of, are for kids.'” (Franklin Harris, Pulp Culture Online, Aug. 7) (via Unqualified Offerings)(Comic Book Legal Defense Fund). More: reader William Dyer (BeldarBlog) writes taking issue with the linked stories.
“Kaczynski asks court to return his bomb materials”
“Theodore J. Kaczynski, the onetime UC Berkeley math professor better known as the Unabomber, wants the federal government to return all his stuff — including one of his bombs — that the FBI confiscated when he was arrested in his tiny Montana cabin seven years ago.” (Michael Taylor, San Francisco Chronicle, Aug. 11).
“New Jersey bans drowsy driving”
Let’s criminalize everything dept.: “Sleep-deprived drivers who cause deadly crashes now face criminal penalties under a measure that became law Tuesday in New Jersey. The bill signed by Gov. James E. McGreevey allows prosecutors to charge a sleep-deprived driver with vehicular homicide, punishable by up to 10 years in prison and a $100,000 fine.” It is nicknamed “Maggie’s Law” after the victim of one such collision, thus confirming the truism that any enactment tagged with the given name of some recent victim (“Megan’s Law”, etc.) will combine sentimentality of intent with harshness of result (AP/CNN, Aug. 5). Meanwhile, in Watauga County, N.C., District Attorney Jerry Wilson is trying to charge a methamphetamine defendant with two counts under federal terrorism law — for “manufacturing a nuclear or chemical weapon” — in addition to more conventional drug charges. (“Prosecutor fighting meth using law that punishes terrorism”, Asheville Citizen-Times, Jul. 16) (via Volokh Conspiracy).
We didn’t mean vicarious that way
Deputy U.S. Attorney General Larry D. Thompson professes to believe, at one and the same time, that it is “bedrock” law that incorporated businesses be held to vicarious criminal liability for the acts of their employees and agents, and that the law both does and should set a single standard for individual and business criminality, rather than dealing more severely with business. (“‘Zero Tolerance’ For Corporate Fraud”, Wall Street Journal, Jul. 21). Which raises the question: will Mr. Thompson volunteer to serve jail time personally should one of his household employees commit vehicular manslaughter while on the way to buy him groceries? “Robert Musil” wonders, and so do we (Jun. 21).
U.K.: “Trio arrested over seaweed theft”
“Three men spent seven hours in police cells after being arrested for ‘stealing’ seaweed from a Sussex beach to feed their pet tortoises.” Two police cars and an officer on motorcycle swooped down on friends Simon Braisby, Tony Sims and Deon Marshall who “were gathering sea kale on Eastbourne beach for Mr Sims’ five tortoises. … The men were arrested, handcuffed and put in the back of different police cars, then locked up in separate cells while Mr Braisby’s home was searched. After six hours in custody the men were interviewed and eventually released without charge.” Authorities told reporters the seaweed was considered protected flora. (Brighton and Hove Argus, week ending Jun. 25, first roundup item; “Arrests after ‘rare’ plant hunt”, BBC, Jun. 24) (via Dr. Weevil who got it from Electric Venom; check out the latter’s comment section for news of a German anthill-protection law).
Archived animal rights items, 1999-June 2003
Archived entries before July 2003 can also be found here.
2003: “‘Suit seeks to keep elephant at L.A. zoo’“, May 16-18 (& update Jun. 2); “Pigs’ right not to be bored” (EU), Feb. 26; “Pet custody as legal practice area“, Feb. 17; “‘Grieve for Fido, but don’t litigate’“, Feb. 12.
2002: “Suit: schoolkids shouldn’t attend rodeo“, Oct. 24; “Officious intermeddlers, pet division” (chimps; lawyers intervene in divorces on behalf of couple’s cats and dogs), May 14-15; “Zoo asserts animals’ ‘medical privacy’“, May 8; “Lawyers for chimps?“, Apr. 29-30; “‘PETA Says It Will Sue New Jersey Over Deer/Car Accident’“, Feb. 25-26; “All things sentimental and recoverable“, Jan. 30-31.
2001: “‘North America’s most dangerous mammal’” (deer), Nov. 29; “Fight over dog’s disposition said to cost taxpayers $200K“, Nov. 21-22; “Harvard Law’s new Bob Barker program in animal rights“, Jul. 5.
2000: “Lab mice paperwork“, Oct. 26; “European roundup” (Swiss animal-rights initiative), Oct. 16-17; “‘Parody of animal rights site told to close’“, Jul. 3-4; “Compare and contrast: puppy’s life and human’s“, Jun. 22-25; “Suits by household pets?“, May 26-29; “From the dog’s point of view“, Feb. 8-9; “Down, attorney! Down!“, Feb. 1; “Weekend reading: columnist-fest” (Laura Pulfer on animal rights), Feb. 5-6.
1999: “Got milk? Get sued” (veggie lawsuit against milk in schools), Dec. 16; “Wide world of federal law enforcement” (“crush video” ban), Oct. 16-17; “Not just our imagination” (class action against “Big Meat”?), Sept. 25-26; “Polly in Margaritaville” (felony defendant charged with getting parrot tipsy), Aug. 2.