Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘due process’

… The Death Penalty is Moral …

Posted by paulfromwloh on Thursday,January 12th,2017

.. and it is Constitutional ..

.. the loonie lefties who are trying to ban it should remember that ..

.. [h/t — Newsmax.com]..
.. [link] to the news report …

.. we as a nation should remember that capital punishment is the taking of a human life . It should be done with due process , with dispatch , and with certainty , as well as clarity …

.. are there better methods than lethal injection ? I believe so . I would like to know what other people think ….

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… Harvard should be Ashamed [#Sexual Harassment Policy]…

Posted by paulfromwloh on Wednesday,April 20th,2016

.. the College has adopted a new policy .

.. like many colleges and universities , it has turned the notion of due process into an obscene joke . Anyone who is accused is inserted into , in effect , the ” star chamber ” process . It will be next to impossible for anyone [guilty or innocent alike] to defend themselves …

.. [h/t — m.NationalReview.com]..
.. [link] to the commentary …

.. 25 Harvard Law professors came out with a signed letter in the Boston Globe , roundly condemning the policy . They strongly advocate that the college start all over again , and derive a new and fairer policy , one that gives people who are accused a fair shot to defend themselves …

.. I highly concur . I have seen university disciplinary procedures in action , They are no fun . At least , not guilty or guilty , an accused person should have the right to defend themselves . Even more important . they should have the presumption of innocence , and their guilt beyond a reasonable doubt must be proven …

.. this needs to be done , because a proceeding , especially with a state school , can easily find itself hauled into court . A judge will measure the proceeding , and ask : was the process fair ? was the judgement fair ? …

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… I hope that the Institute for Justice goes after This [#civil asset forfeiture]…

Posted by paulfromwloh on Saturday,December 5th,2015

.. where assets are used as ” instruments ” in crime , o.k. …

.. once someone is convicted , then seize it …

.. before conviction , then put a lien on it , or civil sanctions , so that the asset does not disappear …

.. [h/t –– HotAir.com]…
.. [link] to the news article …

.. where the IforJ is going after this , is where the instrument may be involved in a crime , but the owner is not . If the owner is not , and is not convicted , then the government should keep its hands off . Things that are clearly illegal , or are the product of illegal acts , O.K. …. but , just simple personal property or other assets , No ! …

.. people deserve their day in court . They deserve a hearing before any asset is seized , or seizure proceedings are instituted against the asset . Then , someone can know what they face . Seizing it w.o. due process is just clearly wrong , 1000% …

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… I have Heard of Silliness in School Discipline [#P.C.]…

Posted by paulfromwloh on Thursday,August 27th,2015

.. but this is ridiculous , and is far beyond the pale …

.. the summary is this : this young teenage couple stood [at his home] for a couple of snapshots . They then published the photos on their respective Facebook pages , with the caption ” Homecoming 2014 . ” …

.. because of that [and the prescene of airguns in the photos] , their school district has suspended them for 10 days . However , they are not stopping there . They have notified the couple that they are under consideration for expulsion from school for the photos …

.. [h/t — m.NationalReview.com]..
.. [link] to the blog news …

.. there is a reasoned line to school discipline . This is far beyond that line . This has virtually nothing to do with the school . Nothing at all . They were private photos [with airguns] , taken in the home . These photos were then posted on the FB pages of the kids … Does that then give the school district the right to discipline them ? …

.. I say no ….

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… The Problem for the N.F.L. [#Ray Rice]…

Posted by paulfromwloh on Saturday,November 8th,2014

.. yes , the N.F.L. has a serious problem ..

.. the team (the Baltimore Ugh – Ravens) does not …

.. as long as it is within the terms of the sport and the league ‘ s cba WITH THE PLAYERS , the team is well within its rights to get rid of a player . Especially if a player has become as ” radioactive ” as Rice . Who would not . He punched a woman now his wife in an elevator …

.. the team acted , and has now cut Rice . Fair enough … but the NFL ? No …

.. [h/t — TMZSports.com]..
.. [link] to the attack video …

.. the previous video (the approach) and the current video (the punch) are the same event , not two separate events . The NFL cannot punish a player twice for the same offense . It is a violation of the constitutional rights of the player . Which the NFLPA is obligated to defend , and I suspect that they will …

.. also , the offense predates the new rules . Also , Rice did not lie …

.. [h/t — CBSSports.com]…
.. [link] to the news report …

.. I think that Ray Rice has a lot of work to do , But he will be back in the NFL far sooner than anyone realizes . The NFL is likely going to be liable to pay his player contract , due to its own misconduct ….

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… Earth to POTUS [#UN speech]…

Posted by paulfromwloh on Tuesday,September 30th,2014

.. the proceedings in Ferguson , Mo and St. Louis County are still before the grand jury , genius ….

.. [h/t — Twitchy.com]..
.. [link] to the tweets / post …

.. give the grand jury a chance to do its work , for God ‘ s sake . If there is an indictment , then give whoever is indicted their day in court ….

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… Things Get Worse for the N.F.L. [#Ray Rice]…

Posted by paulfromwloh on Wednesday,September 17th,2014

.. Rice is being penalized under two different policies , as I understand it ..

.. his initial suspension was under the domestic violence policy , that being for 2 games . The added suspension was administered , I believe , under the personal conduct policy …

.. a player can be penalized , at times , under both policies , Yes . But they have to be penalized for separate acts . Rice ‘ s acts were not separate …

.. [h/t — TMZSports.com]..
.. [link] to the elevator attack video …

.. they were the same act , but out of sequence …. the current video follows the previous one …. Rice cannot receive different suspensions for the same act …

.. it gets worse . The league has made Rice ” radioactive ” to all 32 teams , including the ugh – Ravens . They have stated that any intent to sign Rice would be ” a very bad idea . ” The NFL cannot put a ” scarlet letter on a player , except under the terms of the C.B.A. ….

.. so , the N.F.L. has problems on multiple fronts . I thought that the antics for my favourite team [Browns ‘ owner Jimmy Haslam , for the actions of his employees at his trucking stop company , Pilot Flying J] were bad . This is waaaay worse …

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… Hooray ! … but only a Partial Victory [Wisconsin John Doe case]….

Posted by paulfromwloh on Tuesday,May 13th,2014

.. up in Wisconsin , the DemoCraps play hard and play nasty …

.. but this nasty ? … geez …

… several Wisconsin district attorneys [all democraps , naturally] have been conducting an under-the-covers criminal investigation of several Wsiconsin – based conservative leaning interest groups . Besides incurreing tens of thousands of dollars in legal and other fees , the probes are , I think , desgined to hinder the groups and slow them down . Why ?

.. the expense alone eats up $$ that is contributed . Bummer . But it also eats up and wastes time , which is timeless and valuable …

.. a probe like this hits the free – speech rights of the affected . These folks have their constitutional rights trampled upon for no reason . Well , they decided to fight back …. and how …

.. [h/t — TAS]..

.. [link] to the blog news ..

.. a federal district judge inMilwaukee got the case , and , boy , did  he hand their heads to the district  attorneys . When there is legitimate grounds for a criminal  invettigation , that is one  thing . A prosecutor is  then  given a great deal of freedom and latitutde to do their job . But , they must use that freedom wisely . If there is little or no grounds for an inquiry , then , that is it . Stop it ,  right there . That is what these D.A.s did not do . The judge [Rudolph Randa] called them on it …

.. so far , it is only a  partial victory ,  however . The D.A.s appealed to the

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… Here we Go Again [Wisconsin John Doe case , again] …

Posted by paulfromwloh on Friday,May 9th,2014

.. yea , the judge strikes again ..

.. basically , the Federal District Court judge [Rudolph Randa] was shut down , at least temporarily , by the 7th Federal Appeals Court . One would think that it would be a bummer , but not so . The appeals court shut down the judge ‘ s action on a technicality ..

.. so , yesterday , the judge reinstated it …

.. [h/t — hotair]..
.. [link] to the blog post ..

.. the Milwaukee County DA and his flunkies in the state can still appeal the judge ‘ s order to the Appeals Court , but they will need grounds . They will need grounds that they will have a strong likelihood that they will prevail on the arguments , which is a tall order …

.. by the way , nice going , Judge Randa . Prosecutors do not have the absolute immunity to ” run amok . ” (i.e. , indict a ” ham sandwich ” ) …

.. [link] to the court ‘ s updated order …

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… the Death Penalty is Constitutional …

Posted by paulfromwloh on Wednesday,May 7th,2014

.. so , get over it , folks ..

.. yes , there are problems . Oklahoma goofed on the execution of Clayton Lockett the other day . He gets sympathy , while there is scarcely any mention of his crime , or why he was on death row in the first place …

.. Lockett was a murderer . He murdered a 18 year old young teenage girl , with his co – horts helping him to bury her A-L-I-V-E . She suffocated to death , folks . Can anyone imagine a more horrific way to die , especially with mortal wounds , as well . Let ‘ s not forget about her , too

.. the Death Penalty is neither cruel nor unusual . We have determined as a society that there are crimes that are so disgusting and so heinous that the ultimate sanction , the death penalty , is warranted .

.. In some cases , the evolution of our society has restricted the Death Penalty , somewhat . We no longer execute the mentally retarded . We also do not execute minors (those under 18 years of age .) . So , while some things have changed , we still want the ultimate penalty to exist and be used …

.. remember the victim . her name  was Stephanie Neiman . She had just graduated high school just 2 weeks before the day that she was murdered . You can better believe it that she suffered …

Stephanie Neiman was proud of her shiny new Chevy truck with the Tasmanian Devil sticker on it and a matching “Tazz” license plate. Her parents had taught the teenager to stand up for “what was her right and for what she believed in.”

Neiman was dropping off a friend at a Perry residence on June 3, 1999, the same evening Clayton Lockett and two accomplices decided to pull a home invasion robbery there. Neiman fought Lockett when he tried to take the keys to her truck.

The men beat her and used duct tape to bind her hands and cover her mouth. Even after being kidnapped and driven to a dusty country road, Neiman didn’t back down when Lockett asked if she planned to contact police.

The men had also beaten and kidnapped Neiman’s friend along with Bobby Bornt, who lived in the residence, and Bornt’s 9-month-old baby.

Stephanie-Neiman

Steve and Susie Neiman asked jurors to give Lockett the death penalty for taking the life of their only child, who had graduated from Perry High School two weeks before her death.

Lockett later told police “he decided to kill Stephanie because she would not agree to keep quiet,” court records state.

Neiman was forced to watch as Lockett’s accomplice, Shawn Mathis, spent 20 minutes digging a shallow grave in a ditch beside the road. Her friends saw Neiman standing in the ditch and heard a single shot.
Lockett returned to the truck because the gun had jammed. He later said he could hear Neiman pleading, “Oh God, please, please” as he fixed the shotgun.

The men could be heard “laughing about how tough Stephanie was” before Lockett shot Neiman a second time.

“He ordered Mathis to bury her, despite the fact that Mathis informed him Stephanie was still alive.”

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… You Participate in Public Discourse …

Posted by paulfromwloh on Friday,April 11th,2014

.. and , what does it get you ?

.. a suspension from your community college …

.. [h/t — theGatewayPundit]..
.. [link] to the blogpost …

.. it seems that two neighbouring states , New York and Connecticut , are two of the most anti – gun states in the Union . New York ‘ s Williams Act [just over a century old] is infamous in gun rights circles . It makes getting a permit just to own a gun next to impossible . Connecticut is almost as bad …

.. this young man , Nicolas Saucier confronted gun – grabbing Connecticut Governor Dan Milloy [who , himself is in deep political trouble] at an event at his school , Asanuntuck Community College . Well , the authoritties at his school did not like it one bit . So , what happened ?

.. bye – bye . Saucier was suspended from school . I wonder how those folks feel about a lawsuit from the Foundation of Individual Rights in Education , or F.I.R.E. . I would think that Saucier would have grounds for a civil rights action against his school , along with being transferred to the school of his choice ….

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… What is the ATF thinking ?? …

Posted by paulfromwloh on Thursday,March 27th,2014

.. these guys at Ares Armor have an injunction against the government doing just this , and they come in anyway …

.. O U T R A G E O U S !! ..

.. [h/t — theGatewayPundit]..
.. [link] to the blog post / video segment ..

.. what in the hell is the ATF doing ? running around like a bunch of kids running loose , with no parental supervision ?? where is the U.S. Attorney on this …

.. this is a local Fox affiliate in Oceanside , CA [greater San Diego] that did a lengthy story on the Ares Armor situation . It contains quite a bit of useful material . It is well worth your time to watch it …

.. [link] to the news piece …

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… Inside Academia – What Discipline ?? …

Posted by paulfromwloh on Thursday,February 20th,2014

.. I wanted to repost a blogpost from a favourite blog that I read , Legal Insurrection . I have been to college , and have 2 bachelor ‘ s degrees and a Master ‘ s in Business Administration . I have also been through the campus discipline system …

.. No , not on the receiving end of charges … I brought charges against a fellow student for misconduct . I was not entirely satisfied with the outcome , but I should not have been … At least the other fellow had a chance to defend himself . In cases like these , especially involving sexual assualt and / or rape allegations , the ” star chamber ” of college discipline can turn into a circus …

..[h/t — LegalInsurrection]..

.. [link] to the blogpost..

Prof. KC Johnson, best known for his investigative work regarding abysmal university and faculty handling of the Duke Lacrosse case, has a post at Minding the Campus regarding a disturbing appointment at Dartmouth, ‘Why Have a Hearing? Just Expel Him’:

“Why could we not expel a student based on an allegation?” That astonishing question was posed at a conference on how colleges respond to sexual assault issues by Amanda Childress, Sexual Assault Awareness Program coordinator at Dartmouth. According to Inside Higher Ed, Childress continued: “It seems to me that we value fair and equitable processes more than we value the safety of our students. And higher education is not a right. Safety is a right. Higher education is a privilege.”

Give Childress credit for candor–even the campus spokespersons for increasing the number of guilty findings in campus tribunals usually aren’t so bald in their disdain for basic principles of due process.

Childress’ jarring remarks coincided with news that Dartmouth had promoted her, and given her additional power over the college’s sexual assault policies. Last Friday, the college announced that Childress will head the newly-created Center for Community Action and Prevention, which Childress said would “be the focal point on campus for Dartmouth’s sexual assault and violence prevention initiatives” and “drive the College’s mobilization efforts around preventing sexual violence and increasing the safety and well-being of all members of our community.” (All members, it seems, except students facing unsubstantiated allegations of sexual assault.) Incredibly, Dartmouth theater professor Paul Hackett suggested that despite Childress’ appointment, the college isn’t going far enough on the issue.

To reiterate: one of the nation’s elite colleges thinks it’s a good idea to enhance the power of a figure who wonders about the propriety of expelling possibly innocent students based solely on an allegation.

The victims of these ideologically-driven star chambers almost always are men.

Prof. Johnson notes a troubling case at Swarthmore, one in a long line of alleged campus witch hunts against men gone bad:

The Swarthmore lawsuit, first reported by Philadelphia, shares similar characteristics to suits filed against Vassar, St. Joe’s, and Xavier–but with one interesting twist. According to the filing, the accuser waited 19 months to file her charges (she never went to police or had a medical exam); the weakness of her case was such that even Swarthmore’s biased disciplinary system didn’t bring charges against the accused students. But two weeks after the Title IX complaints, Swarthmore reopened the case–and within less than a month, had completed its investigation, held a hearing, and completed the expulsion. The lawsuit alleges that Swarthmore failed to respect what passes for due process on the campus; the student’s attorney claims that Swarthmore didn’t give the student a right to respond in writing to the charges, among other things.

It’s time for universities to get out of the prosecution business.

Sexual assault is a crime. If a college student — female or male — believes she or he is the victim of sexual assault, the remedy should be filing a police complaint. Only at that point should a university even consider expulsion or other discipline, and not as punishment (until the criminal case is resolved) but exclusively for the protection of other students (as for any other violent crime) and only with a strong measure of due process.

Requiring the filing of a criminal complaint serves multiple purposes. Filing a false criminal complaint itself is a crime, so it increases the likelihood that the filing is in good faith (although it’s no guarantee). The filing of a criminal complaint then triggers a variety of procedural protections.

.. LEC here again — No matter whether it is a state – run or state – supported school , or a private institution , these young people need and deserve due process . These kind  of allegations can be ones that do significant damage to their lives , if not destroy them , in matter of fact …

Posted in accountability, congressional oversight, constitutional opinion, historical opinion, legal opinion, legal strategy, personal opinion, political agenda | Tagged: , , , , , , , , | Leave a Comment »

… Outrageous !! [Elane Photography case ruling // NM] …

Posted by paulfromwloh on Friday,August 23rd,2013

.. this one is truly disgusting and outrageous , folks . It is regarding a local photography business (Elane Photography) in New Mexico . Yes , they are a business that does business in the public sphere .

.. No , they are not compelled to violate their religious beliefs . Or , they should not be compelled to do so . The First Amendment to the Constitution (religious freedom) trumps the attempt at compulsion that New Mexico is attempting in their so – called “Human Rights Act.” They may compel anti – discrimination for gays and lesbians , but they cannot force folks to do business with them in violation of their religious beliefs , plain and simple .

… from Breitbart Media ‘ s Big Government …

On Thursday, the New Mexico Supreme Court ruled that religious wedding photographers could be forced to photograph same-sex weddings. “When Elane Photography refused to photograph a same-sex commitment ceremony, it violated the [New Mexico Human Rights Act, or NMHRA] in the same way as if it had refused to photograph a wedding between people of different races,” the court ruled unanimously.

The court said that Elaine Huguenin, the photographer, had discriminated against gay customers for not photographing their weddings, even though she had said she would be happy to take their pictures in different contexts. The court also refused any differentiation whatsoever between homosexual and heterosexual conduct under the law, despite the fact that same-sex marriage is not licensed in the state of New Mexico. Justice Edward Chavez wrote, “The difficulty in distinguishing between status and conduct in the context of sexual orientation discrimination is that people may base their judgment about an individual’s sexual orientation on the individual’s conduct. To allow discrimination based on conduct so closely correlated with sexual orientation would severely undermine the purpose of the NMHRA.” In other words, orientation and conduct are so intertwined that to discriminate against activity would be to discriminate against the person — an odd line of logic, given that it would then follow that discriminating against religious activity would constitute discrimination on the basis of religion, making the court’s logic self-defeating.

Justice Richard Bosson wrote, in concurrence, that the Huguenins are “compelled by law to compromise the very religious beliefs that inspire their lives.” He concluded, “The Huguenins are free to think, to say, to believe, as they wish; they may pray to the God of their choice and follow those commandments in their personal lives wherever they lead. The Constitution protects the Huguenins in that respect and much more. But there is a price, one that we all have to pay somewhere in our civic life.” That “compromise,” he wrote, “is part of the glue that holds us together as a nation, the tolerance that lubricates the varied moving parts of us as a people. That sense of respect we owe others, whether or not we believe as they do, illuminates this country, setting it apart from the discord that afflicts much of the rest of the world. In short, I would say to the Huguenins, with the utmost respect: it is the price of citizenship.”

It may be the price of citizenship for the left, but it is the polar opposite of what the founders stood for when they wrote the First Amendment protecting freedom of religion. This is state-sponsored tyranny at its finest.

Ben Shapiro is Editor-At-Large of Breitbart News and author of the New York Times bestseller “Bullies: How the Left’s Culture of Fear and Intimidation Silences America” (Threshold Editions, January 8, 2013).

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… Baseball should ban ARod …

Posted by paulfromwloh on Sunday,August 18th,2013

Alex Rodriguez in a game on 5/26/08

… Alex Rodriguez … (Photo credit: Wikipedia)

.. and do so , now ! .

.. Having a player such as Alex Rodriguez on the field right now is an outrage . He has been suspended for a great many games by baseball . Albeit , it was done under the Joint Drug Program , and under the Collective Bargaining Agreement .

.. His case is unique . He hass , and has done so an an illegal manner . he has obstructed a legal invesigation , and has obstructed and intefered with MLB ‘ s own investigation into the Biogenesis scandal . He has grossly flouted the rules , and has done so on multiple occasions . His prescence on the playing field is a disgrace , and brings dishonour to the game . Yes , there should be due process . But , what kind of due process ?

.. Normally , a player can appeal a suspension , and continue to play . However , the commisioner ‘ s office has wide powers . They have been tirmmed , somewhat , given the strength and power of the players ‘ union . But , not much .

.. The commissioner was given those powers when the office of the commissioner was created for a reason . The commissioner was given enormous power in order to act “in the best interests of baseball . ” I believe that those interests would  be best served by sending Alex Rodriguez to the bench . For good . It should do so , now .

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