Five Supreme Court Cases to Watch
Published October 05, 2009 @ 07:20AM PT

The U.S. Supreme Court begins its new term today, and there are several key criminal cases before the justices. We'll be watching closely to see how new Justice Sonia Sotomayor comes down on key criminal issues and whether the conservative bloc of the court further consolidates along ideological lines. It should be an interesting term. Here are five cases to keep your eye on this term:
-- Graham v. Florida and Sullivan v. Florida -- two cases filed by Florida state prisoners sentenced to life without parole as juveniles. The cases challenge life without parole as a cruel and unusual punishment for kids. I've written about these upcoming cases here and here. The U.S. is virtually alone in handing down this harsh punishment; we have 2,500 people serving life for crimes committed and juveniles while the rest of the world only has 12 such prisoners. I hope the court continues to apply the logic it used in overturning the death penalty for juveniles in Roper v. Simmons, when the justices looked abroad to find that our system of punishing kids had become the definition of unusual. Both cases will be argued November 9.
-- Pottawattamie County et al. v. McGhee et al. -- the court will consider cases brought by two wrongfully convicted defendants arguing that they have the right to sue prosecutors who fabricate evidence of guilt or intentionally withhold evidence of innocence. The prosecutors in these cases argue that they are protected by absolute immunity, even as they manufactured false evidence, and the National DA association, the U.S. Solicitor General and Attorneys General of 27 states have their back. Radley Balko has a thorough -- and scathing -- examination of this case at Reason Magazine. Oral arguments are set for November 4.
-- U.S. v Comstock -- The Adam Walsh Child Protection and Safety Act is a federal law passed in 2006 that strengthened restrictions and requirements nationwide on convicted sex offenders. Among other things, the law gives judges the power to continue the incarceration of sex offenders are they have served their sentences if the judge determines that the person is a threat to society. In Comstock, brought by five defendants affected by the law, federal courts struck down these extended sentences as unconstitutional because they exceed Congress' powers and deny due process to defendants who have served their sentences. The Supreme Court will review the lower courts' findings.
-- Briscoe v. Virginia -- Last term, the court decided 5-4 in Melendez-Diaz v. Massachusetts that criminal defendants have the right to cross-examine forensic examiners who conducted laboratory tests on evidence in their cases. Briscoe challenges the extent of the Melendez-Diaz decision, reviewing a new Virginia law that allows prosecutors to present crime lab reports without calling the expert as a witness but allowing defendants to call the expert.
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The following is a list of other parts of the U.S. constitution which are infringed by the drug war.
he first amendment next as it pertains to freedom of religion.
Sacrificing objects of the senses into the fire of the senses is one of the many approved sacrifices that arise from the many works of man.
-Bhagavad Gita 4:20 through 4:29
The demigods, being pleased by sacrifice, will also please you, and thus by cooperation between men and demigods prosperity will reign for all.
Lord Krsna
Bhagavad Gita
Sacrifice (from a Middle English verb meaning "to make sacred", from Old French, from Latin sacrificium: sacr, "sacred" + facere, "to make") is commonly known as the practice of offering food, objects (typically valuables), or the lives of animals or people to the gods as an act of propitiation or worship. The term is also used metaphorically to describe selfless good deeds for others or a short term loss in return for a greater gain, such as in a game of chess.
-Wikipedia
6th Commandment- thou shall not kill
These excerpts are intended to show that God enjoys attention and devotion, and burning/ doing things in His honor, or even with the intention of questioning Him leads to results.
Earth, water, fire, air, ether, mind, intelligence, and false ego- all together these eight constitute My separated material energies.
Besides these, there is another, superior energy of Mine, which comprises the living entities who are exploiting the resources of this material, inferior nature.
All created beings have their source in these two natures, of all that is material and all that is spiritual in this world know that I am both the origin and the dissolution.
-Lord Krsna
Bhagavad-Gita
The Lord God gave humans dominion over plants and animals, and all that is in existence is because of Him.
These exerts are about the nature of existence, which of coarse all plants, and minerals are within.
God gave people all plants to aid us in faith and in life.
The Lord God gave people dominion over the plants in his creation, the current Christian response is that the people have grouped together their dominion to have the plants be controlled by the government.
The difference between God's plan and America's plan is that the people who either not yet voted or have voted against to take away their own rights have lost their dominion over many plants personally. Dominion is given to all by God, but received only by some as a result of the criminalization of said substances.
I'm trying to make the point that God wants you in the path of righteousness, there is more to this argument concerning the 1st amendment and drug use, but first I will combine the 2nd with the 1st and make the claim that all items are of different use both in the world, and given up as an offering.
Offering is a practice most commonly practiced in temples of faith has gone through many changes in the history of religion, God commanded Abraham to kill give up his Son Isaac in the Old Testament, and later gave him a lamb to kill instead. Offering has now popularly accepted as a general giving of money to the churches, but all things belonging to God, he enjoys any time in which a person gives his time up to God's will. For atheists, offerings may be viewed merely as a public display of a willingness to give up things for what you believe in. Please, I believe in God, and a lack of God in your life leads to a lack of God in the life around you, I just wanted to mention the fact that atheists exist in a paragraph about God and offerings was for all inclusion.
God himself said a few things other things about drugs as well:
O believers! Intoxicants, gambling, idolatry and fortune-telling are abominations created by Satan. So, avoid them in order to be successful. Satan seeks to stir up enmity and hatred among you through intoxicants and gambling, and hinder you from the remembrance of Allah and from regular prayer. So, will you not then desist? ( Qur'an, 5:90-91)
The Profit Muhammad stated after hearing this that every intoxicant and narcotic is forbidden and unlawful, thus beginning the war on drugs 1,400 years ago.
However, it is not clearly stated that God himself wants drugs to be illegal. What may I ask O God am I permitted to do when I feel I am not yet ready for success? Is non intoxication a prerequisite to all success or a requirement after some period of change? May a person celebrate success after the fact?
Without these answers, I must say I wanted to go back to the plant God gave me to think in meditation. For I knew this to be approved by Him.
I believe the previous passage is supposed to give you a view from the view of their creator. I believe Satan is in God's creation, and that he wants your souls for periods of time, therefor Satan makes his creations seductive to people. God would like to have your soul though, and being that he is all powerful, He will have them, and He knows these things lead people away from attention towards Himself through pure worldly pleasure. However is it not the case that gaining strength over the influence as it pertains to faith would keep bring a person closer to God altogether such as exercising improves physical strength.
"avoid them in order to be successful"
This could mean a few things, God wants you to be more not a druggy than not a druggy that is for certain given that "Satan seeks to stir up enmity and hatred among you through intoxicants and gambling, and hinder you from the remembrance of Allah and from regular prayer"
Does this mean however that all drugs should be illegal to everyone at all times? I think not. I believe as long as you do give God your time and remember what transpires, God will give you what he wants you to have.
You're eternal soul is already won by God, but to be successful, you must desist with regularity is a minimum requirement for being a successful worshiper of God. Why don't you get high off life for once is what I think He is getting at, and He promises it will be good for you.
In the Muslim post God says "avoid them (intoxicants) in order to be successful." and reading in the Bhagavad Gita that I should " perform my duties equipoised,..., abandoning all attachments to success or failure. Such equanimity is called yoga."
Does this mean I should abandon my desire for total avoidance for success?
It would then be the case that avoidance and desisting are situational decisions.
Does it mean that people should never do drugs?
Then why doesn't God either say they should be illegal forever or take them out of existence?
If neither things come true, and drugs should still be illegal, God would not be omnipotent.
rights to privacy- what a person does in their free time, or concerning their own physical state at any time are two subjects that a person has the right to keep private.
life- many drugs have medically proven medicinal uses, if there is ever a thing within existence that people should curse the Lord for, then I doubt that that particular item is ever a part of anyone's life. Maybe a night out on the town trying something new with people you can trust is what you'll need for a rough week.
liberty- It is quite obvious that we are not legally free to enjoy drugs in general, made doubly true by mandatory minimum sentences for being caught with currently illicit substances.
pursuit of happiness- Drug use can release endorphins in the brain and make you happy, also the feeling a person gets when another of life's experiences has been had makes a person happy.
the difference between regulating and deregulating trade- The government has the right to regulate trade, but does not have the right to stop trade altogether.
no preference shall be given by regulation of commerce- An obvious continuation of the illegality of trade criminalization, if people want to buy something, it is their right to do so. This clause also will help bring an end to unfair taxation because that shows government preference as well.
protection against domestic violence- The war on drugs causes domestic violence proliferation in two ways; gang warfare and lawlessness has become somewhat commonplace in cities all across America, and in cases concerning domestic violence within families who've simply used drugs are less likely to be policed for the peoples' fear of subsequent investigations into personal lives, and therefor possible incarceration of all involved, loss of property, loss of children, or simply an overly abusive result such as more actions being taken than a simple restraining order.
right to free speech- A person can make statements with their actions, burning the American flag is protected by the freedom of speech, and so should any other action that makes a statement not impeding the rights of others under this clause.
right to peaceful assembly- People simply using drugs together are in the midst of peaceful assembly.
cruel and unusual punishment- these laws are truly cruel to people and completely unusual given the many rights of our people.
the abolishment of slavery- All people are enslaved to a modality of living, and you will be caged if the government catches you not doing what they told you to do.
abridging the privileges and immunities of citizens- this was part of a clause of disallowed actions, and drug use as well as trade are not to be disallowed as these actions are immunities.
denying equal protection- Unfair circumstance are sometimes created as one group is unfairly discriminated in cases of criminal affairs; the drug using communities across America fear police involvement into affairs for their unfair treatment. Drug use is not supposed to be denied by the government, but as it is lawlessness proliferates among all involved.
conditions of servitude being no bar to vote- being in the condition of failing the servitude of being a non-drug using American results in the denial of voting rights.
the power to lay taxes on incomes from whatever source derived without regard to census or enumeration- America is unfairly distributing taxation and creating preference of merchandise. America was started by people who'd had enough of taxation without representation from England, this clause gives the right to tax these industries to the government, but it must be fear that stops them from doing what it supposed to be done concerning taxation.
The War on drugs is Unconstitutional underneath the Second AmendmentMerriam Webster arm1 a: a means (as a weapon) of offense or defense; especially: firearm bpeople use drugs to combat many things including...time is takes to eat food, sleeplessness, social paranoia, interpersonal hatred, the difficulty of dancing, understanding philosophy, creating art, freeing up speech, biding time, the cost of alcohol, their personal financial situation if they sell, interpersonal bonding and relationships, the boredom of not being high, the inability to fulfill the requirment for sacrifice of a sensory object into the fire of the senses, etc.2c: a branch or lateral shoot of a plantMarijuana is in, as well as the coca plant, and the opium plant4: a narrow extension of a larger area, mass, or groupEvery single drug industry is an arm of the global economy legal or not.9: a functional division of a group, organization, institution, or activityAs a part of the global economy taxes could be fairly shared amongst all people and industries. Also many problems result from the illegalization of trade and possession.Every item that has a purpose or use is liable to be traded amongst people. Illegalization of possession of trade causes problems for the people, the militia, and the government. These deregulations include but are not limited to,Fear of possession- A deregulation to the industry on the whole by scaring away customers, as well as it debases the mental stability of patrons.Time of imprisonment- A reason for fear; time imprisoned also causes many losses to people who are subjected to it; loss of employment, loss of scholarships, loss of time for personal gain, and causes adversity to interpersonal relations.Legal Fees- there is nothing to suggest that a patron of these industries has money to spend on court fees, jail time costs, or any other government required treatment, especially considering the loss of employment, and/or loss of scholarship. Concerning the legal fees for those who sell, these people are more probable to have the funds to pay fees, although the industry should be a legal one, and as it is now, entrepreneurial people are having their money taken from them which could have paid for food, clothes, schooling, or any other good or service.Social Distortion- a person often relates to those whose situations are similar, convicts have two choices, to join the ranks of other convicts who decide to never break the law again, or rejoin the drug culture. Some choose either, but one problem is the mix between the two, the people in society who have not been caught doing drugs, but are people who do them recreationally, these people are in society, and there is a good chance recovering drug users will need to associate with these people at some time, and seeing their lives not being messed up may lead the convict to desire to possess these items again.The logical problem with illegalization of possession- A police officer is not permitted to break the laws he enforces. Police officers today take drugs away from people who have them, as such they possess them. Any item that is illegal should be quarantined on the spot, destroyed on an atomic level, and then buried. There is no need for the police to take them back to the impound, considering that they do not keep dead bodies there, or present the dead body in court as evidence. Pictures should suffice for evidence of misdeed. There is no organization that can possess these things without breaking the law themselves.The 2nd amendment by this extension protects peoples’ rights to possess any item that is not stolen.
Finally the government breaks their own laws against possession of illicit substances and against theft whenever they take drugs from anyone.
Posted by Philip Winterhof on 10/05/2009 @ 06:50PM PT
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For further discussions about the war on drugs, and what should be done; please visit, join, support, publicate, and/or talk about my facebook group "All Drugs Should Be Legal To Purchase and Possess." @ http://www.facebook.com/group.php?gid=36927438943
Posted by Philip Winterhof on 10/05/2009 @ 06:56PM PT
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Hopefully AWA and other legislation will not become effective until the juvenile provisions are re-written!!!
No offense intended to the victims and families of violent sex crimes, but there is a rapidly growing tragedy in our nation as increasingly reported in local and national articles where otherwise innocent and non-criminal kids/teens/young adults end up with a life of ruin in the aftermath as a registered sex offender for consensual peer sex and sexual activity.
I am not condoning sexual promiscuity, and I agree that we want our children; and teens and adults for that matter, to be protected from violent and sexually dangerous persons. But current and pending sex offender legislation and laws must be changed so that they can only be used to prosecute violent and sexually dangerous persons.
You may find this difficult to believe, I did at first, but there are kids as young as 10 on the sex offender registry for “playing doctor”; no violence involved, kids as young as 12 for pinching another kid on the butt just joking around, a long list of teens and young adults for “consensual sexual activity” with a boyfriend/girlfriend, and men for public urination on the golf course; how many men would this one put on the list.
Again, I am not condoning sexual promiscuity, but what was once 'petting' and normal sexual exploration between consenting underage teens is now grounds for “life time registration as a sex offender” as young as 14; both boys and girls. And Government sanctioned Sex Offender "Treatment" Programs, including for juveniles as young as 12; and including cases of consensual sexual activity among peers, are barbaric and abusive!! These programs include the use of:
Plethysmographs - a metalized ring is strapped around a “male” juvenile’s genitals (there is no such devise for females) and they are forced to listen to/watch pornography including deviant sexual activity such as violent rape! This barbaric and abusive device and recordings are designed to measure any signs of arousal and the juvenile is then forced to try and masturbate afterwards.
Masturbatory Satiation – juvenile males as young as 12 are forced to masturbate over and over and over while listening to/viewing pornographic images/recordings, including deviant sexual activity such as violent rape.
Arousal Reconditioning – Originally developed in the early to mid-1900s to convert homosexuals to heterosexuals. Attempts to eliminate sexual feelings by pairing them with boredom, pain, or unpleasantness. In effect, assumes that sexuality can be changed through “punishment” such as electric shock therapy.
This reminiscent “witch hunt” insanity must be stopped before an entire generation of kids/teens/young adults are prosecuted and registered as sex offenders the rest of their lives!
The current legislation, although very well intended, has seriously failed the true victims of violent sexual assault crimes and their families! And, it has resulted in what I believe were unintended consequences for potentially >95% of all youth and young adults who statistically could be convicted as sex offenders.
Please, join in the growing effort to immediately bring an end to this insanity before an entire generation is lost and registered as sex offenders.
Readers, please petition your elected officials and government for the provisions regarding juveniles to be amended and taken out.
Legislators, please begin immediate changes to thi s and other sex offender legislation to stop this insanity!
Posted by Steve L on 10/06/2009 @ 03:52AM PT
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