The Battered Woman Syndrome Defense Scores a Big Win in Butterknife Stabbing Case: Some SOBs Just Need Killin."

When the Prosecution opens the trial with:"Kevin Cobb may not have been a husband or father any of us would want to have..." That ought to be the first clue there is going to be a problem with the prosecution.

When the next thing the prosecutor says is: the husband (Kevin Cobb) was out using coke, returning home around 3 a.m.

And when the alleged victim has done upstate time for drug and violent crimes, well then that would be a trifecta for a good reason not to bring a charge of Murder (or even assault First degree.

But when the defendant has suffered from "...bruises and (a) black eye and (a) punctured ear drum" all at the hands of the alleged victim...then you know you probably should have offered a plea bargain.

Note to prosecutors: "Some SOBs just need killin." It is not necessarily a valid defense but jury's do understand it. It is one thing for a defense attorney to stand before a jury and protect an accused who is also a miserable person, it is far different for a prosecutor to use the state to prosecute someone who is basically a good person ( Ms. Cobb is a nurse and the mother of six kids) and take the side of the miserable SOB who has been abusing them for years. Sounds like the jury understood that Kevin Cobb was one of those SOBs who got far less than he deserved.

Man a butter knife... OUCH!

HAT TIP:ABA Journal
and for some of the quoted material above the NY Daily News

By the way, gotta love the NY Daily News Headline in this case"I killed my coke-fiend husband in self-defense." Kind of says it all n'est-ce pas?

Should Lindsey Lohan Go To Jail? Why This Celebrity Means Something To You.

There is a debate raging over at my favorite blog the ABA News today over what should happen to "poor little Lindsey Lohan". For the uninitiated, She has been in two drug related DWI's she has completely destroyed her probations and she has been sentenced to 90 days in jail and rehab. She then fired her attorney (yes it must be their fault that you are a F.U. and need to be ib jail the way fish need to be in water)and demands that she get a "pro bono" lawyer. Her rep said she had already paid for two lawyers and now the government should pay.

She is pathetic but aside from that, should Lindsey go to jail and for how long. You may be wondering why I care. I suggest to you that we should all care. Not only about Lohan, but Gibson, and Spears and a number of other A-list stars who while the tabloids make them fodder, corrupt our corrections and criminal justice systems.

Hat tip: ABA New Now

Look, in our system, “punishment is not meant to fit the crime” it is meant to fit the criminal. Despite the BS from “victim advocates” Corrections is about correcting. It costs us way too much money to incarcerate people who do bad things but whom we can handle in other ways.

I get really frustrated every time I hear a crime victim cry out for jail time. You want jail time, you pay for it. I only want jail when it is needed to get the person back into life and being a productive tax paying entity. I don't like crime and I feel bad for victims but not at the expense of my family and yours. Restitution and knowing that the perpetrator is being addressed so as to reduce the chance someone else will suffer, is all that a criminal justice system owes to the victim. If they want more, they can avail themselves of the civil Justice system. The Criminal Justice system owes me and you however a corrected and useful member of society. A person who can carry their own weight without again becoming part of the system again. It owes us some semblance of safety as well. Lohan is not a mass murderer, though she has been lucky not to take a life. If we incarcerate her without getting her help, she just comes out an older addict just as likely to re-offend and kill or maim someone. Hence Jail for Jail’s sake is a waste of my tax money and everyone's time. I abhor such waste especially by government.

Lohan is not just a person, she is a product. Just like Mel Gibson and Britney. Because of them, many people have jobs. Many more will have jobs and those people pay taxes and help an economy that we all rely on. Staff, record company employees, ticket takers and pop corn salesmen, people who clean up stadiums and offices, parking attendants, all have jobs because of people like these. So do the folks who feed these other people (like the lawyers who serve those people) (not the stars but the help staffs and others)need them working. Who gets really screwed in a baseball strike? The vendors and the fans. The superstars come out just fine. It is very much a butterfly effect. We need to remember this

I suggest more jail is needed for Lohan, not because I want to see her in jail, but because she is an addict and has an addict’s view of the world that needs to be addressed before she can begin to become productive. Until she is brought to bottom, she will not be receptive to the help available to her. She still see’s it as being all about poor little Lindsey. When it becomes about “look what I am doing to all those that depend on me, all those who believe in me, my fans family (as it is constituted) etc, that is when she will begin to be ready to get the help she needs.

Freedom of Speech Does Not Permit You To Break The Law

Ian Barry is a Seventeen year old who knowingly broke the law to make a point. Ian gave a speech as to why Marijuana ought to be legal to a High School class. During the speech, he lit a joint and by the end of the speech, ingested the joint. Police arrested him. He has been charged locally. He says in this article that he accepts responsibility for his actions and that he is ready to pay a penalty for his actions.

Ian points out that he had to break the law to bring any real attention to his cause. There he may be right. Many are calling his act a act of civil disobedience and claim that it ought to be protected from prosecution as freedom of speech. I think the kid understands free speech better than many lawyers do.

His act was not an act of free speech though it was an act of civil disobedience. He broke the law to prove a point; that the law is wrong. He may get attention to his cause, he may even earn jury nullification, which would go far in getting his point even more attention, but he is not protected from arrest prosecution and conviction for his act.

It is oft said that one's rights come to an end at the tip of another's nose. In other words, you are free to do what you like until you interfere with someone else's right to do the same. In Ian's case, he is not free to break the law, only to criticize it. He moved on from that when he carried the joint to/or in school. Given the SCOTUS recent decision in the "Bong hits for Jesus" case, Ian is headed for a criminal record assuming he doesn't go to trial and convince a jury to nullify the law. He is also garnering a lot of attention for his cause.

I am not sure this is a call I'd like a teenager to make. He has no idea, despite his bravado, of the trouble he has caused himself in the future. He has however made the decision and will have to live with the consequences until the law catches up with the rest of the society's view of marijuana.

Judge to School District: "PISS OFF!!" & Let the Kids Play Chess!!

Sometimes I love writing the title of these pieces can you tell? :P

When has a school district "nanny stated" itself too far?? Well in California, it seems that when the Shasta Union High School District wanted to drug test kids on the CHESS TEAM, a court said, uh NO!!! (Emphasis added...)

The district wanted to know who was using drugs so that they could ban them from school trips and other activities. So if the kid was in the Band, played on the Chess Team or was raising a pig for the state fair, he had to pee in a cup first. The reasoning is that the school has to supervise these kids while they are on school trips and if they are in a club or in the band they are more likely to have to go on overnight trips and they might be harder to supervise if they use drugs or alcohol. Brilliant! So we will just keep them out of supervised activities so they can take part in unsupervised activities... (No wonder Johnny can't think. These people have no idea about teaching anything.)

Now I have had the pleasure of "chaperoning" a few Forensic overnight trips, and while they have the ability to get out of hand, they don't, because DEBATE CLUB KIDS CAN'T DO DRUGS AND STILL PERFORM WELL!!

I have a feeling the same goes for members of the CHESS CLUB! Not to mention, it is far harder to play classical flute music than to improvise a new riff while you are high. Nonetheless, these examples of student spirit were told "pee in the bottle or no Drama club."

Now the SCOTUS, which is filled by people so old they don't remember BEING in High School, ruled about a dozen years ago that you can force a kid to take a drug test if he is even attending your school. Justice Marlow the judge in the case at bar held that under the California State Constitution the right to privacy is protected. One can debate whether such a right is in the US Bill of Rights, but Californian's passed this right in 1972.

I think the court in this case is right. It is the good kid who must give up his or her right to privacy while the slacker who does nothing in school but shows up can come and go as he pleases. Moreover, it shouldn't be a rule that to participate you have to allow someone to watch you urinate in a cup. High school is hard enough without having to pass every adult test. I'd like to know what you think however.

I could not find a copy of the decision to post, so if you know of one, pass it to me ok?

Thanks, TLD.

Hattip: Raw Story

Free Ride Home For HS Students IN SYOSSET-WOODBURY, PLAINVIEW/OLD BETHPAGE , or JERICHO SCHOOLS Stranded on New Year's Eve: NO DWI'S TONIGHT!!

This New Year's Eve I am offering any High School Student at any High School located in the Plainview/Old Bethpage, Syosset-Woodbury or Jericho-Brookville School Districts, a free ride home from a party, bar or Train Station (Hicksville or Syosset stations) in those school district boundries, if:

1. You are too drunk to drive home

of

2. You do not have a safe ride home because the person driving You is intoxicated.

For a driver under 21 on Long Island that means if you had more than 1 drink and you are 100lbs or 2 drinks and are 150lbs or 3 drinks and 200lbs YOU ARE NOT SAFE TO DRIVE!!!

All you have to do is call 516-741-3400 and request a ride. The service will be provided between 11PM tonight December 31 2008 and 7AM January 1st 2009.

Doesn't matter if the intoxication is by drugs or alcohol. NO QUESTIONS ASKED. I will even arrange to have your car brought to your home the next day!!

That is right, if you have no way to safely and legally get home I will either pick you up, or have a car service pick you up, on my tab, and Drive You HOME.

No one needs to be arrested tonight. No High School parent needs to call me in the middle of the night to tell me that his or her son or daughter is lying in a hospital, or sitting in a cell because of a driving while intoxicated issue in the Syosset-Woodbury, Plainview or Jericho-Brookville school districts on Long Island. All rides are courtesy of:

The Law Offices of Anthony J. Colleluori & Associates, PLLC
180 Froehlich Farm Blvd.
Woodbury, NY 11797