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California Three Strikes Law Watch: William Bratton and Lee Baca Support Reform of Three Strikes Law
Los Angeles County District Attorney Steve CooleyLos Angeles Times: Bratton, Baca Support Attempts to Reform Three Strikes Law
The law enforcement officials back efforts to restrict harsh sentences to those whose third offense is a serious or violent crime.Los Angeles Police Department Chief William J. Bratton and Los Angeles County Sheriff Lee Baca have joined an effort to rein in California’s three strikes sentencing law.
Los Angeles County Dist. Atty. Steve Cooley, who is pushing a ballot initiative to soften the tough law, said at a news conference Thursday that he had won the chiefs’ backing.
Well, Steve Cooley has the Chief’s backing before this attempt to change the Three Strikes Law becomes eligible for the California ballot.
Why is there a need for the change?
BECAUSE……..
Cooley and the San Francisco County District Attorney are NOT enforcing the current Three Strikes law……
Cooley said while Los Angeles and San Francisco counties only use three strikes against violent offenders, the policy should be uniform.
“It’s great if it happens most of the time,” Cooley said. “But when you write something down and make it a law, you make sure it happens all the time.”Flap thinks D.A. Steve Cooley BETTER enforce the CURRENT law before seeking endorsements to CHANGE it!
Cooley has long criticized the breadth of the state’s law, which sometimes results in sentences of 25 years to life for those whose third strikes were nonviolent or minor crimes. His ballot initiative, coauthored with defense lawyer Brian Dunn, would limit third strikes in most cases to violent or serious offenses.
Cooley’s proposed initiative does not attempt to redefine first and second strikes and will likely make fewer inmates subject to re-sentencing. “This is a much narrower, focused effort,” Cooley said.
Cooley, there needs to be NO effort.
Either ENFORCE the law or RESIGN.
Steve Cooley’s initiative in circulation is: “The Repeat Criminal Offender/Three Strikes Fair Sentencing Act of 2006 (Version 2)”
H/T Southern California Law Blog
Technorati Tags: ThreeStrikesLaw, SteveCooley, WilliamBratton, LeeBaca, LosAngelesCountyDistrictAttorney
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Holocaust Watch: Holocaust Denier Sentenced to Three Years in Prison
Right-wing British historian David Irving holds his book ‘Hitler’s War’ when arriving at a court in Vienna, on Monday, Feb. 20, 2006. Irving is accused of denying the Holocaust and is facing up to 10 years in jail. He has been in custody since his arrest in November on charges stemming from two speeches he gave in Austria in 1989 in which he was accused of denying the Nazis’ extermination of 6 million Jews.ASSociated Press: Holocaust Denier Gets Three Years
Right-wing British historian David Irving pleaded guilty Monday to denying the Holocaust and was sentenced to three years in prison, even after conceding he wrongly said there were no Nazi gas chambers at the Auschwitz concentration camp.
Irving, handcuffed and wearing a navy blue suit, arrived in court carrying a copy of one of his most controversial books — “Hitler’s War,” which challenges the extent of the Holocaust.
“I made a mistake when I said there were no gas chambers at Auschwitz,” Irving told the court before his sentencing, at which he faced up to 10 years in prison.
He also expressed sorrow “for all the innocent people who died during the Second World War.”
But he insisted he never wrote a book about the Holocaust, which he called “just a fragment of my area of interest.”
“In no way did I deny the killings of millions of people by the Nazis,” testified Irving, who has written nearly 30 books.
Irving’s lawyer immediately announced he would appeal the sentence.
Now you know why the American Founders wrote the First Amendment to the United States Constitution……
But, what about Iranian President Mahmoud Ahmadinejad?
Technorati Tags: Holocaust, DavidIrving, Nazis, Hitler, Iran, MahmoudAhmadinejad
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International Law Watch: Italian Court – Not a Virgin? Sex Crimes Aren’t as Serious
Alessandra Mussolini was one of many who slammed the Italian court after the ruling.CNN: Italian court: Not a virgin? Sex crimes aren’t as serious
Sexually abusing a teenager is less serious a crime if the girl is not a virgin, Italy’s higher court said on Friday in a controversial ruling that immediately drew a barrage of criticism.The court ruled in favor of a man in his forties, identified only as Marco T., who forced his 14-year old stepdaughter to have oral sex with him after she refused intercourse.
The man, who has been sentenced to three years and four months in jail, lodged an appeal arguing that the fact that his stepdaughter had had sex with men before should have been taken into consideration during his trial as a mitigating factor.
The supreme court agreed, saying that because of her previous sexual experiences, the victim’s “personality, from a sexual point of view, is much more developed than what would be normally expected of a girl of her age”.
“It is therefore fair to argue that (the damage for the victim) would be lower” if the abused girl was not a virgin, Italian news agencies quoted the court as saying.
This means the man could now be handed a lighter sentence.
And Justice Stephen Breyer and others on the United States Supreme Court wish to use international law as precedents……
NO WAY would Flap want these liberal Italian morons ruling on his life, liberty and pursuit of happiness.
Captain Ed has Bad Girls Deserve Abuse? Italian Court Says ‘Si!’
Technorati Tags: Rape, Italy, ItalianSupremeCourt, UnitedStatesSupremeCourt, Mussolini, Virgin, Sexcrimes
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California Hybrid Automobile Watch: Tax Breaks Add Incentive
Mitchell Rose holds the yellow stickers that hybrid owners must use to access carpool lanes. The decals, which are 7 by 3 inches and 5 by 2 inches in size, go on panels behind the rear wheels and on the bumpers.The ASSociated Press has Hybrid Car Buyers to Receive Tax Breaks
Hybrid cars are a good bet for tax breaks in 2006. The new year will bring more savings for buyers of at least 13 gas-electric vehicles, with those showing the most improvement in fuel efficiency securing bigger tax breaks for their new owners.
The breaks will come in the form of tax credits, and they range from $3,150 for buyers of the Toyota Prius to $250 for Chevrolet’s Silverado pickup truck, according to an analysis by the American Council for an Energy-Efficient Economy.
The credits give buyers of American hybrids incentives similar to those now enjoyed mostly by Honda and Toyota owners.
Official figures on the hybrid tax credits weren’t available Friday from the Internal Revenue Service.
Still, some car-shoppers already have figured out they would do better to hold off on buying a hybrid until after Jan. 1, when the new credits kick in.
Well, only one day to wait……..about those ugly stickers……….
Technorati Tags: Hybrid Automobiles, California, carpool lanes, Toyota Prius
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Stanley “Tookie” Williams Watch: California Supreme Court Refuses to Halt Execution
Members of Black Riders, a black militant group, salute during a news conference to support clemency for convicted murderer Stanley Tookie Williams Wednesday, Nov. 30, 2005 in downtown Los Angeles. As many as 35 demonstrators representing clergy, black youth leaders and death penalty opponents marched from City Hall to the Governor’s office.The ASSociated Press has Justices Refuse Clemency for Crips Founder
The California Supreme Court refused Wednesday to halt the scheduled execution of convicted killer Stanley Tookie Williams, the Crips gang founder who became an anti-gang activist while in prison and whose supporters claim has redeemed himself. In a last-ditch legal move, defense attorneys petitioned the high court earlier this month, alleging shoddy forensic testing and other errors may have wrongly sent Williams to San Quentin State Prison, where he is scheduled die by injection Dec. 13.
Lawyers for Williams, author of a series of anti-gang books for children, wanted to re-exam ballistics evidence that showed his shotgun was used to kill three people during a 1979 motel robbery.
The defense claimed the forensic evidence was “junk science,” but prosecutors said that allegation was “based upon innuendo, supposition and the patent bias of (Williams’) purported expert.”
“The extraordinary relief Williams sought is reserved for those cases which have legal merit,” said Nathan Barankin, spokesman for Attorney General Bill Lockyer.
The high court voted 4-2 without comment to deny the inmate’s petition, with Chief Justice Ronald George voting to reopen the case.
The California Supreme Court, the federal trial and appellate courts, and the U.S. Supreme Court have already ruled against him in earlier appeals, which has set the stage for the execution on December 13th.
Only clemency which would commute his sentence to life in prison without parole (granted by California Governor Arnold Schwarzenegger) remains as a viable remedy to Tookie’s execution.
The clemency hearing is scheduled for December 8th.
What about the four murdered victims, Governor?
Williams has had his run of 24 years of legal appeals and NOT ONE has been successful in overturning his death sentence.
The Governor would be wise to hold the clemency hearing, listen to the arguments, uphold the decisions of the trial jury and the appellate courts and ENFORCE THE LAW.
But, only if he wishes to have any further political future……..
Stay Tuned…….
Previously:
Stanley “Tookie†Williams Watch: NO REMORSEStanley “Tookie†Williams Watch: Tookie’s “Human Angelâ€
Stanley “Tookie†Williams Watch: Isn’t it The Truth By Cobb
Stanley “Tookie†Williams Watch: Schwarzenegger to Hold Private Clemency Hearing
Stanley “Tookie†Williams Watch: California Governor Schwarzenegger MULLS ClemencyStanley “Tookie†Williams Watch: FLAP Over “Tookie Must Dieâ€
Stanley “Tookie†Williams Watch: Jesse Jackson, Bianca Jagger Plead for LIFE
Stanley “Tookie†Williams Watch: SNOOP DOGG BEGS SCHWARZENEGGER FOR CLEMENCY
Stanley “Tookie†Williams Watch: California’s Life-and-Death Politics
Stanley “Tookie†Williams Watch: Death Warrant Signed
Technorati Tags: Arnold Schwarzenegger, Stanley Tookie Williams, Crips
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The Coming Legal Superstorm Against Bloggers Watch: Tom Cruise and Scientology
The site includes a parody of Cruise’s appearance on “Oprah,†when he professed love for Katie Holmes.The Los Angeles Times has Mock them using another name.
Scientology lawyers order website devoted to ridiculing Cruise to stop using domain name scienTOMogy.info.Some things just aren’t funny — at least to the Church of Scientology.
A New Zealand-based website that says it is devoted to “exposing Tom Cruise’s moronic behavior in his relentless crusade to promote the Church of Scientology” has been ordered by church lawyers to stop using the domain name www.scienTOMogy.info.
The reason: Web surfers might confuse it with the real thing.
The site states that it has no connection with the Church of Scientologists and offers a link to the Scientology home page. Then it post links to a series of videos of Cruise talking about Scientology, including a sci-fi video parody of the actor’s infamous May television appearance on “Oprah,” in which he appears to electrocute her.
“The site is purely satirical and is for entertainment, and consists of links to other sites — it contains no fact nor claims to do so and is completely non-commercial,” the website said.
Flap is referring this to Justin Levine over at Calblog for analysis. He has a great series on The Coming Legal Superstorm Against Bloggers and the Tyranny of Copyright.
The creator of the website could not be reached by press time Tuesday. Church of Scientology attorney Helena Kobrin, a partner in Moxon & Kobrin law firm, said the letter was intended to protect the Scientology name.
“You can’t use someone else’s trademarks to promote your own agenda,” Kobrin said, adding that organizations routinely defend the integrity of their trademarks and copyrights. “Changing one letter is the trick of the infringer to try to get around the law, but the law makes it very clear that you can’t do that.”
The scienTOMogy.info website has posted an exchange with Moxon & Kobrin lawyer Ava M. Paquette, which began in September, in which Paquette warned that the Church of Scientology owns the trademark to the word Scientology.
“The fact that you have changed one letter (‘m’ instead of ‘l’) does not protect you from trademark infringement,” Paquette wrote before pointing out that infringing on a trademark could lead to a $100,000 fine. Paquette then demanded that the domain name be transferred to the Church of Scientology.
The website responded that it was using the name legally.
Flap does not know New Zealand copyright or trademark law but it seems like a simple David Vs. Golith bully story here.
You would think the rich and famous Tom Cruise’s peeps would have better things to do?
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The Coming Legal Superstorm Against Bloggers Watch: The Prairie Ho Companion T-Shirt – MNspeak.com
Garrison Keillor – Blog BULLYJustin Levine at Calblog has it RIGHT.
Exhibit 11 in the Coming Legal Superstorm Against Bloggers can be found here.
The truth of my original prediction is sadly on display in this one: The big media personality trying to bully the simple blogger – only because he has the resources to do so.
The T-Shirt:
WARNING: This shirt is not associated in any way with Prairie Home Companion, Garrison Keillor, MPR, The Fitzgerald, or, well, anything — it is PARODY.Justin, Flap is In!
Please sell me your product.
XRLQ will buy one too.
XRLQ has Garrison Keillor’s Prairie Ho
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Calblog Watch: The Coming Legal Superstorm Against Bloggers – Exhibit 10
Justin Levine over at Calblog has The Coming Legal Superstorm Against Bloggers – Exhibit 10.
Exhibit 10 in The Coming Legal Superstorm Against Bloggers can be found here. [Hat-tip: Instapundit]
Notable comments and links related to the case here and here.
Exhibit 9 here.
And Justene Adamec over at Calblog has Being Sued Over Comments.
Justin notes below that a blogger has been sued over comments. The news is filtering aroung the blogosphere. Longtime readers will remember that Infotel threatened suit twice and tried a backdoor petition in Montreal because of comments on this post. I think Seobook has a winnable position but he’s got to stand firm. If only I could practice in PA.
Justin and Justene let us know in the Bear Flag League if we can help Seobook.
These assaults on a free press must be defeated every time they arise.
The rights of the blogosphere must be aggressively defended.
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California Hybrid Automobile Watch: Sticker Shock
Mitchell Rose holds the yellow stickers that hybrid owners must use to access carpool lanes. The decals, which are 7 by 3 inches and 5 by 2 inches in size, go on panels behind the rear wheels and on the bumpers.So, you wanted to buy a hybrid to drive in a California HOV lane?
The Los Angeles Times has Sticker Shock for Owners of Hybrids.
They’re big. They’re ugly. They’re offensive. So say owners of the hybrid Toyota Prius — not about larger gas-guzzlers that hog the road but about the decals the state is handing out that allow hybrid owners to drive solo in carpool lanes.
Prius owners cheered when Congress approved solo driving in carpool lanes last month.
But a growing number of drivers are now protesting because the California Highway Patrol is requiring that four bright yellow decals — 7 by 3 inches and 5 by 2 inches in size — be displayed on their cars.
YAWN!
Patterico has Hybrid Owners = Whiners.
Technorati Tags: Hybrid Automobiles, California, carpool lanes, Toyota Prius
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California Hybrid Automobile Watch: The Great Race
The San Francisco Chronicle has Drivers race for carpool permits for hybrids 1,000 apply per day — but many must get FasTrak, too
California hybrid car owners, already leveraging super-efficient gas mileage during a time of $3-a-gallon unleaded, are flooding the state with more than 1,000 requests a day for permits that will allow them to zip into carpool lanes even if they drive solo.
More than 12,000 people have applied for the special permits since they became available Aug. 10, said Bill Branch, a spokesman for the Department of Motor Vehicles. So far, about 1,500 stickers have been sent out.
Motorists who own one of three hybrid models — the Toyota Prius, the Honda Insight and the hybrid Honda Civic — will be allowed to use carpool lanes without carrying other passengers, thanks to a provision in a federal energy bill signed by President Bush and state legislation signed last year by Gov. Arnold Schwarzenegger.
The Department of Motor Vehicles estimates that about 65,670 hybrids are eligible in California, although some may not be registered in the state any longer, and not all hybrid owners are expected to apply for the permit. The state law allows up to 75,000 permits to be issued.
Well, you better hurry up and get your permit. But, wait there are hidden costs.
In the Bay Area, however, residents also must have a FasTrak transponder to receive the permit. Not all Bay Area hybrid drivers are happy about the extra hurdle.
“It seems a little bit unfair that people otherwise qualified aren’t allowed to participate unless they are able to participate in the other program,” said Paul Marcus of Oakland, who owns a hybrid car but does not often travel over the Bay Area bridges.
The permit costs $8, but FasTrak requires either a $40 or $50 start-up fee, depending on the method of payment.
On the other hand……
Drivers using the carpool lanes do not have to pay tolls on the Bay Area bridges. In most cases, the carpool lanes feed directly up to the toll plazas.
Flap estimates that there will so many hybrid car buyers that HOV car pool lanes will become flooded with vehicles.
Perhaps then the state will be realistic in their traffic projections and widen the freeways like they should have been decades previous.
There are concerns, however, about whether the carpool lanes will become too crowded. The law allows the DMV to issue 75,000 permits, but it allows the program to be suspended after 50,000 are issued, depending on congestion in the high-occupancy vehicle lanes. That will be determined by state and federal officials.
Rentschler said MTC would be watching closely to see whether carpool lanes become too crowded.
Even though he owns a hybrid, Marcus said, he’s not sure he buys into the philosophy that he should be able to use a carpool lane.
“While a hybrid cuts pollution per passenger mile, they don’t relieve car density,” he said. “I don’t know what happens when the HOV lanes are as clogged as the lanes next to them.”
The state law allowing hybrids to use the carpool lanes expires in 2008.
There will be modification in this legislation long before 2008.
If I were you I would buy the Prius for the Prius sake and not for using the carpool lanes and a faster commute.
Off to the races, California! Hurry up and obtain your permit!
Technorati Tags: Hybrid Automobiles, California, carpool lanes, Toyota Prius, Honda Insight