Monday, June 15, 2009
Limitations of Due Process
This from ninomania.blogspot.com
A Talmudic maxim instructs with respect to the Scripture: “Turn it over, and turn it over, for all is therein.” The Babylonian Talmud, Tractate Aboth, Ch. V, Mishnah 22 (I. Epstein ed. 1935). Divinely inspired text may contain the answers to all earthly questions, but the Due Process Clause most assuredly does not.-- Justice Scalia, dissenting in Caperton v. Massey
A Talmudic maxim instructs with respect to the Scripture: “Turn it over, and turn it over, for all is therein.” The Babylonian Talmud, Tractate Aboth, Ch. V, Mishnah 22 (I. Epstein ed. 1935). Divinely inspired text may contain the answers to all earthly questions, but the Due Process Clause most assuredly does not.-- Justice Scalia, dissenting in Caperton v. Massey
A Memorable Court Moment
Police officer has just testified that defendant rolled through a stop sign without stopping.
Defendant testifies and says that she did stop.
Defendant: I call my mother as a witness. But she doesn't speak very much english.
The court has not been notified to provide an interpretor. But the witness takes the stand and is sworn.
Defendant asks witness if she remembers being there when defendant got the ticket. Witness doesn't understand and they exchange some words in spanish. The court stops them and asks the prosecutor if he minds that they communicate in spanish. The prosecutor says he doesn't mind. Defendant and witness exchange more phrases in spanish.
Defendant to the Court: Yes, she says I stopped.
And the really funny part is that the court found her not guilty - not because of the unique presentation or credibility of her mother's testimony - but because the officer gave testimony three times during the hearing and named a different intersection as the scene of the violation each time.
Defendant testifies and says that she did stop.
Defendant: I call my mother as a witness. But she doesn't speak very much english.
The court has not been notified to provide an interpretor. But the witness takes the stand and is sworn.
Defendant asks witness if she remembers being there when defendant got the ticket. Witness doesn't understand and they exchange some words in spanish. The court stops them and asks the prosecutor if he minds that they communicate in spanish. The prosecutor says he doesn't mind. Defendant and witness exchange more phrases in spanish.
Defendant to the Court: Yes, she says I stopped.
And the really funny part is that the court found her not guilty - not because of the unique presentation or credibility of her mother's testimony - but because the officer gave testimony three times during the hearing and named a different intersection as the scene of the violation each time.
