Friday, August 19, 2011
The reactions to Judge Hirsch's decision holding Florida's drug possession law unconstitutional have been mostly positive. The decision is thoughtful and extremely well reasoned. And why shouldn't Judge Hirsch have a little fun and enjoyment along the way? If he wants to throw in a Mark Twain quote from time to time, why not? Not be overlooked is Judge Hirsch's gracious recognition of the work the prosecutor did, acknowledging the long hours she put in to quickly produce a worthy memorandum in support of her position.
All in all, we've come a long way from Judges tossing motions aside without scarcely glancing at them and asking the attorney to tell them what they want.
For the record, the argument that we can place our hope in the reason and charity of the State Attorneys Office to require mens rea in possession cases when the law does not require it, is pure folly- even struthious, if we can be so bold. We've all known good prosecutors, and not so good prosecutors. And we for one are not willing to trust our client's freedom in the hope we get an experienced and fair prosecutor assigned to the case. One of the great lies in the modern world (besides "the cheque is in the mail") is "I'm from the government and I'm here to help." Ask everyone's favourite federal blogger, Mr. Markus with a K how fair certain (former) narcotics prosecutors were with his client when they increased charges after he filed a motion to suppress. We can never allow ourselves to be put in a position where we depend upon the good nature of a prosecutor for justice to be done (it's bad enough our robed readers are in the equation).
Don't quote us, but we're hopeful that South Florida Lawyer's Civil blog's Friday "babe" post will be of one of the hotties who entertained the UM Football players.
DRUG FIELD TEST DEFECTIVE?
Norm Kent via the JAA Broward Blog has everything you wanted to know about why a standard narcotics field test is not what it seems to be.
All that glisters is not gold;
often you have heard that told.
The Merchant Of Venice, (Act II, Scene VII) William Shakespeare.
The West Memphis Three:
Imprisoned since 1993, mostly on the confession of a boarder line mentally retarded man interrogated for 12 hours, three men, one on death row and two serving life in prison may be freed by today. The NY Times article is here.
ARE YOU READY FOR SOME FOOTBALL?
We are. Football season is upon us and thankfully we have a season now that John Boehner and President Obama agreed to raise the debt ceiling allowing the NFL owners to open their stadiums and charge $14.50 for a beer. Or something like that.
In any event watch these pages as we will soon post the exclusive email address for our Blog Suicide Pool.
THE KING IS DEAD...long live the King! BK sacks it's King mascot.
Finally, this is post 1999. 2k and still going strong after all these years. And you still have no clue...
Enjoy the weekend and drive carefully Monday on your way into court, school's back in session.