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News and Information -Updated Nov. 4, 1999
In this space you can look forward to reading interesting and thoughtful news that relates to legal issues, problems and questions.

Criminal Judges

Like everyone else Judges 'make mistakes' of course and often time for them they get to resign rather than see the inside of the jail cell they are often only too glad to install others in. This year there was a Judge Clark in Missouri who thought those he judged were his own personal slave unit and there was the Judge Scandirito of Michigan who thought the female defendants who came before him was his own personal Harem. If you'd like to read about the criminal behavior of these and other fine fellows then you might want to read this article at the National Law Journal and written by Gail Diana Cox right here.

THE EROSION OF NATIONAL SOVEREIGNTY AND THE EUROPEAN UNION

I've watched with interest the evolution of the European Union and wondered to myself what the chances are that the many nations involved will effectively turn over their national sovereignty or instead balk and pull away from the dream of a United Europe. The forces that advocate and are actively working for a politically and economically United Europe have had as fertile a playing field as they could possibly have hoped for in the intervening years since World War II under the umbrella of the US and then the collapse of the Soviet Union. Events are moving smoothly. Smooth is a relative term of course and in the absence of a economic depression throughout all of Europe (which I believe will lead to the various Nations pursuing national interests and cause the latest collapse of this dream) we can look with interest at the political battles which pop up and cause the European nations to reexamine their commitment to their 'more perfect union.'

One bump in the road came out recently from the European Court of Human Rights with regard to two cases brought by British citizens over the British Government's ban on homosexuality in their Armed Forces. The two cases, Smith & Grady v. The United Kingdom and Lustig Prean & Beckett v. The United Kingdom, involved cases where the applicants to the European Court (represented by a solicitor named Gilbert Blades by the way) said they were denied a fair and public hearing in violation of Article 6  § 1 of the European Convention. The four were members of the British Military and were tried in military courts. All were discharged from service. 

The Court did hold that the applicants were denied a fair and public hearing under Article 6  § 1 because of the provision in the British law which provided for a possible sentence of two years. On the other hand the court said that it didn't need to apply Article 41 which states "If the Court finds that there has been a violation of the Convention or the protocols thereto, and if the international law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party."

The British Defense Secretary said that they would accept the ruling and while examining it they would put all similar discharges on hold. While I don't particularly see this as the death knell of the European Union I do find it interesting to watch the struggles of each country as it comes to grip with it's eroding sovereignty.

October 17, 1999-Justice Kennedy Speaks

I wrote that a few weeks ago and I find that I'm not alone in my personal analysis of this particular issue. Just this weekend, Justice Kennedy spoke about the dangers of the European Union Courts overreaching themselves and of the dangers to national sovereignty presented by their actions. While he didn't specifically name the two cases I spoke about I don't think there is any doubt that he was referring to them. I believe he mentioned judicial restraint as an option that those courts should exercise. He might have also been concerned about them losing their power by the fact that they might 'overreach' themselves to the point that they are ignored. Nevertheless, the point has been made and as I write this there hasn't been any response or coverage in the European press just yet. 

DEATH PENALTY PONDERINGS-PICTURES OF ELECTROCUTED PRISONER 

Whether you 'believe' in the death penalty or not here is an interesting situation to ponder on. In Trenton, New Jersey one death row inmate, Ambrose Harris killed another death row inmate named 'Mudman' Simon. The question that begs to be answered is how do you punish the man who killed the death row inmate? He's already on death row and New Jersey hasn't executed a man since 1963. An interesting discussion and point to ponder whether you believe in the death penalty or not. 

If you'd like to see a breakdown of how many people have been executed and how many by each state over the years then you should go here.  For those of you who wonder about the Constitutionality of the "Electric Chair" you can go to the web site of the Florida Supreme Court -Briefs for Death Warrant Cases right here. And if you scroll down the list you can find actual pictures of what a human being looks like after being electrocuted. There are three pictures there attached to the dissent of Justice Shaw of the Florida Supreme Court. The pictures of the executed man named Allen Lee Davis were used by Justice Shaw to try to illustrate the point that the electric chair isn't 'humane.'  If you like to click directly to something gruesome then you'll find Mr. Davis right here.

Update October 27, 1999
Those pictures of Mr. Davis's execution apparently were enough for the US Supreme Court to decide to take a look at whether or not the electric chair is cruel and unusual punishment. Governor Bush of Florida has decided to fight it and so will not switch to lethal injection. The result of that being that there won't be  executions in Florida until the case is decided. There are still three states using the electric chair and a total of 38 states with the death penalty. You can find the Death Penalty Information Center right here.

Another little point you might not have considered with regard to the death penalty is that putting citizens to death is a characteristic that we share with dictatorships, totalitarian governments and with communist regimes. Those sorts of countries have little regard for the individual rights of their citizens generally and so they have no moral problem with their actions.