9/10/2011

Read the Juror Questionaire in Dr. Conrad Murray Criminal Trial Re Death of Michael Jackson

Looks like we've got another case where there may be so much media coverage that the danger of a trial by media exists. Celebrity sites are following this one, and misinformation is being provided (for example, there is no charge in this criminal trial of the civil tort of gross negligence). 

Whether or not Dr. Conrad Murray committed a crime in the death of Michael Jackson is going to trial over in California this month, and right now the parties and the judge are involved in the jury selection process.

Like the Casey Anthony trial earlier this year, state prosecutors will have the burden of establishing beyond a reasonable doubt; here, the key issue is whether or not the doctor is criminally responsible for the death of Michael Jackson.   Dr. Murray is charged under California state law with involuntary manslaughter and he could face 4 years in prison and the loss of his medical license if convicted.  (Read the complaint in full online here.

For more information on the crime of "involuntary manslaughter" as it will be given to the jury in the formal jury instructions, go here for details and also consider the following:
However, evidence of imperfect self-defense may support a finding of involuntary manslaughter, where the evidence demonstrates the absence of (as opposed to the negation of) the elements of malice. (People v. Blakeley (2000) 23 Cal.4th 82, 91 [96 Cal.Rptr.2d 451, 999 P.2d 675] [discussing dissenting opinion of Mosk, J.].) In such a situation, the court should also instruct the jury in involuntary manslaughter.

Given the outcome of the Anthony case, and the scrutiny that those jurors still undergo today both in the international media and from the American public at large, it's no surprise that the California case has focused upon who jury selection -- however, this questionnaire is considered by many to be unusually piercing in its investigation into the individuals that will take on the role of juror.  Don't expect to see this kind of thing the next time that you're called for jury duty. 

Who would have created this questionnaire?  It would be approved by the judge after conferring with the prosecution and defense.  They, in turn, will probably have conferred with their jury selection consultants on the issues to be addressed in the questioning.   It's 30 pages long and filled with lots and lots of interesting queries (read it here): 





Click on Image for Full Text





9/08/2011

Great Overview of the Foreclosure Fraud Mess by Florida Atty General's Office

A detailed spreadsheet that gives a great overview of how all this foreclosure fraud mess happened, with concrete examples, was prepared by June M. Clarkson, Theresa B. Edwards, and Rene D. Harrod of the Economic Crimes Division of the Office of the Florida Attorney General.  It's being used in court cases in other states, successfully, in foreclosure fraud lawsuits. 

This visual report, “Unfair, Deceptive, and Unconscionable Acts in Foreclosure Cases,” is easy enough to follow even without any accompanying discussion and I particularly like it for the screenshots it provides of the actual documents involved.  For example, you can see how there were so many different handwriting signatures for "Linda Green," because they give you screenshots of several of them.

It's really quite impressive, and all the more interesting given that two of these assistant attorneys general were later fired from their jobs.  Of course, there's talk that these firings were politically motivated and right now, there's an investigation into their being let go.

Meanwhile, here's their report for you to consider for yourself:

Click on the image to review the full document.

9/07/2011

Documentary to Watch -Overdose: The Next Financial Crisis

This documentary is around 45 minutes long, and it's unsettling. However, I think it's worth your time to watch.

7/12/2011

Full Text of Balanced Budget Amendment Bill - S.J.Res. 10 With Latest Updates: House Votes Next Week

Below is the full text of the bill proposing that the federal government have a balanced budget.  Maybe you, like me, think it's a good idea to read this thing. 

What is a balanced budget amendment? 

Balanced budget amendments are not new, a federal version has been debated for years -- and all but three of the states have their own version of a balanced budget requirement, imposed either by constitution or by statute (the three that do not are Wyoming, North Dakota, and Alaska according to the Austin American Statesman). 

In sum, these balanced budget laws (or amendments) state that the government cannot spend more than it takes in; in this proposal, each year the President would have to provide a proposed budget to Congress (who has the purse-strings) that demonstrated no plan for the feds to spend more than the federal income. 

The 2011 Balanced Budget Amendment - Details


For more information on the current proposed bill for a Balanced Budget Amendment to the U.S. Constitution, read through the links provided here by Thomas.gov

Note that this proposal not only seeks a Balanced Budget but it also establishes caps on spending at 18% Gross Domestic Product (GDP) and it fights against an increase in federal taxes by requiring an overwhelming Congressional vote approving any tax hike.

Shown below is the version of the bill that was accurate as of the date of this post (you can download a pdf from the Government Printing Office here). 

The House of Representatives will vote on this bill during the week of July 18, 2011.  If the House approves this bill, then the next step will be to send the proposed amendment to the 50 states for their ratification: 


 
_____________________________________________
 
112th CONGRESS
1st Session
S. J. RES. 10

Proposing an amendment to the Constitution of the United States relative to balancing the budget.
IN THE SENATE OF THE UNITED STATES

March 31, 2011

Mr. HATCH (for himself, Mr. LEE, Mr. CORNYN, Mr. KYL, Mr. MCCONNELL, Mr. TOOMEY, Ms. SNOWE, Mr. RISCH, Mr. RUBIO, Mr. DEMINT, Mr. PAUL, Mr. VITTER, Mr. ENZI, Mr. KIRK, Mr. THUNE, Mr. ALEXANDER, Mr. INHOFE, Mr. CRAPO, Mr. BURR, Mr. BARRASSO, Mr. COBURN, Mr. MORAN, Mr. LUGAR, Mrs. HUTCHISON, Mr. ISAKSON, Mr. BROWN of Massachusetts, Mr.

7/11/2011

Interview of Psychologist Who Examined Casey Anthony for Mental Illness Including Personality Disorders

In tandem with today's Guest Post, thought I'd add this short post, too, as it regarding the same topic: questions regarding psychological issues that have arisen during the Casey Anthony trial coverage.

Here is the link to the five minute interview by Nancy Grace of William Weitz Ph.D. who was brought in by the defense back in 2009 to evaluate Casey Anthony and his discussion as a psychologist of those findings, including sociopathy as well as various personality disorders:

http://debsnews.com/nancygrace/UiY-tJtYrqSHafi0