Legal Commentary

Saturday Night News and Views: Open Thread

By Jeralyn

The New York Times has a really lengthy article on terminal sedation and end of life decisions. If there's a better way, I haven't read about it. Seems like a no-brainer.

Another interesting article: The Bail Sitters, about the security guards hired to guard the rich on bail -- think Bernie Madoff and Cameron Douglas. It asks whether the guards would rat out their ward given that's who's paying them. In Cameron Douglas's case, the answer was yes. As to the fact that only the rich can afford them, is that a reason to deny bail to those who can? [More...]

Bail is not designed to punish, but to secure one's appearance at future court proceedings and protect the public. In the case of a non-violent crime, as New York Judge Jed Rakoff wrote:

“It cannot be gainsaid that many kinds of bail conditions favor the rich,” he wrote, “and, conversely, that there are many defendants who are too poor to afford even the most modest of bail bonds or financial conditions of release. This is a serious flaw in our system. But it is not a reason to deny a constitutional right to someone who, for whatever reason, can provide reasonable assurances against flight.”

The BBC has a followup story to the virtual sheriffs program, where through a federal grant, people can sit at home watching border video cameras, and turn people in. A similar program was rejected in 2005, and then resurrected in 2006 and implemented in 2008. The BBC reports:

The controversial $4m (£2.5m) Texas Virtual Border Watch Programme invites civilians to log on to Blueservo.net. There they can monitor live feeds 24/7 from 21 hidden surveillance cameras placed at intervals along the border.

Supporters see the initiative as a step forward in US efforts to curb illegal immigration, drug smuggling and border violence. Critics say it is encouraging vigilantism and stoking anti-immigrant feeling.

What a colossal waste of money as well as promotion of vigilantism: More than 130,000 have enrolled to sit home watching live fee. Number of arrests to date: 21. The majority were for drugs.

The program is operated by the Texas Border Sheriff's Coalition (TBSC). You can watch the webcams here. If you have that much time on your hands to put to no good use, I suggest this instead.

Here's the latest on the young airplane bomber. The DOJ press release on the filing of charges is here. It's all about Yemen and testicles. What will they call him for short? The ball bustiing bomber? The testicle bomber? Who will give him the name that sticks?

This is an open Thread, all topics welcome.

Full post as published by TalkLeft on December 26, 2009 (boomark / email).