H.R.2835 – Medical Marijuana Patient Protection Act – Absurd or Not ?

5 08 2009

I see 2.7 million Americans in jail – mostly for drugs – mostly for marijuana, while at the same time the current and last 2 Presidents were former marijuana users. In fact there are over 100 MILLION Americans that have used or tried pot at least once in their lifetime. The almost unbelievable and utterly backward legal treatment in the United States against marijuana fostered corruption in our courts, our police forces, and the private prison system who all make up the main benefactors for the absurd anti-marijuana laws. I am not normally a fan of Barney Frank in all his efforts, but I have to stand up and applaud his work on H.R. 2835. Congratulations Mr. Frank and thank you Sir !! This is long overdue. The Medical Marijuana Patient Protection Act is an Absurd NOT law and this nation needs it if we are going to reform bad thinking and bad policies that actually foster corruption.

barney frank





When the Prosecutor Gets Charged

4 08 2009

What happens when a distinguished Prosecutor with 30 years of practicing the law, having gone after hundreds of people charged with DUI, gets charged with DUI himself? We are about to find out… the HARD way.  The 4 term elected Chief Prosecutor for South Carolina’s Richland and Kershaw counties Barney Giese was popped by Charleston SC cops while driving in Charleston on June 29, 2009.

turkeyAccording “The State – South Carolina’s Homepage” http://www.thestate.com/local/story/857689.html, Barney spent 11 hours “in the Pokey” before he was released on bail. He also failed 3 out of 4 breath tests having refused to submit to the first. He automatically lost his privilege to drive a car for 6 months becasue of the first refusal.

People that have known him for decades are shocked and the story is that he seriously was NOT a known drinker and a driver. South Carolina’s renowned Columbia criminal defense attorney Jack B. Swerling was quoted as saying “he’s one of the best prosecutors I’ve ever known”, “has an incredible sense of integrity and sense of justice”, “I just don’t accept it. I just don’t believe it.” As a Columbia criminal attorney for more than 30 years, Jack Swerling mentioned some irregularities in the case Charleston Police put together on Barney including no videotape of the DUI scene which has been a standard requirement for quite a while.

Because it’s particularly shocking that a Prosecutor that put hundreds of men and women behind bars for DUI is facing the same punishment, although for a first offense there is almost no possibility he will serve time. Will this have a negative impact on his ability to prosecute other DUI offenders? Some say yes and some say no but its definately a heated controversy.





Military Divorce and the LAW

7 05 2009

military-marriageSometimes marriages survive the pressures of military life splendidly. But in general there is usually more pressure on a military marriage than on their counterpart marriages in the civilian world. There are normally higher divorce rates in the military and in particular when there are long overseas deployments. I consulted the office of Virginia Military Divorce Attorney attorney and former US Army Officer MK Murphy before writing this story.

A divorce where one person is actually in the military can have an interesting difference from a regular cilivian divorce in that the person who is in the military falls under a category of law known as the UCMJ.  The Uniform Code of Military Justice is a set of laws that pertain to active duty US Servicemen and Servicewomen.

Sometimes a military spouce can be punished for adultery under the UCMJ’s Article 134 or General Misconduct Clause. In order to meet the guidelines for this clause, the military person has to:

  1. be proven to have committed a physical act
  2. one or both parties to the act were married at the time to another person and
  3. that the act of adultery had a negative impact on the military such as fraternization between officers and enlisted or other such conduct unbecoming an officer.

A Virginia military divorce lawyer rarely has to deal with the Article 134 UCMJ possibility during a divorce proceeding. That is mainly because it is hard to prove the physical act or there is really no “discredit to the armed forced” that the situation created. There are special cases where this is a factor, but it usually leads to the officer having to resign and loose military benefits rather than any time in prison.

One case that got a lot of attention was the case of Air Force B-52 pilot Lt Kelly Flynn. She had an affair with a civilian who was married at the time to an enlisted Air Force servicewoman at the same base. With all the negative publicity and all the consternation within the ranks, this case did indeed lead to an apparent discredit to the armed forces and whatever the level of proof obtained regarding the other 2 requirements for Article 134 in this case, Lt. Flynn did resign and leave the service.

Is military punishment for adultery absurd? Not at all in my opinion as there are indeed rare cases where there should be a law on the books to protect the armed service from the negative impacts that can result. Especially in the case where the chain of command or chain of leadership is hurt or tarnished. That could lead to a breakdown in functioning.





Bye Bye Bernie !!

13 03 2009

Occasionally we get to write about an ABSURD NOT law. This one put Bernard Madoff behind bars for 150 years starting yesterday. So after destroying or at least injuring the lives of thousands of otherwise innocent human beings, we finally have a jailed perp and it feels good to see some level of justice. Now I hope the prosecutors “do the right thing” and get back as much as they can for the personal investors and then the institutional investors. I hope they go after his assets next.

Anyway, here is a little tidbit I found on the Smoking Gun… a copy of his guilty plea.

ponzi-001

So long Bernie. By the way, lets talk about your acomplices in this long carefully conceived plan.  I think misery deserves company.





Is it ABSURD to have “In God We Trust” on US Coins?

22 01 2009

Since 1938, all US coins have had the term “In God We Trust” inscribed on them, and many bills have had it as well. It that absurd? In my humble and professional opinion, this is Not Absurd. In 1956 it became law that the phrase was the official motto os the United States.

coinage1

Some athiests probably object and also those that want to make sure there is a pure separation of church and state. But the God concept itself is not in itself a violation of the “Establishment Clause” of the First Amendment prohibiting the government support (endorsement) of any organized religion.

What do YOU think? Please feel free to comment.





Is it Absurd to Allow Smoking at Sports Events?

16 01 2009

China has a communist government that severely restricts freedom, but they can change laws very quickly. America has a Republic which fosters freedom, but we can’t change the law very quickly. Both government styles are very susceptible to manipulation by special interest groups who pay for votes and laws in their favor even when it has horrible effects to public health.
olympic-smoking1
That being said I question whether it was an ABSURD in China to ban smoking at the Olympic events. My opinion is that smoking ban was ABSURD NOT and I commend the communists for doing this to protect all our kids from images glorifying smoking. I know many wealthy members of the communist party profit personally from so called government owned cigarette factories.

Now should we ban smoking from US Sports events – I would hope so but I doubt if it would be easy. I am thinking of the President of a local junior football league who parades around during the games puffing away on a cigar in front of 400 kids. I was influenced by John Wayne in much the same way. I had respect for “The Duke” when I was a kid and I wanted to be just like him. This junior football president is putting an image in the minds of many of the kids that it’s OK to smoke to be just like the boss. Smokers get what they deserve, but they should not be allowed to expose their dirty addiction to children at sports events IMHO.





Another Case Proving the Good Sam Laws are Not Absurd

9 01 2009

burnbaby Here is another case that in my mind proves Good Samaritan Laws are Absurd NOT. This car is all that is left after a guy crashed into some trees and got hit in the head. If it were not for a passerby who smartly choose not to be identified… the man would have burned to death. He was dragged unconscious from his Pottsville Pennsylvania car accident car and as emergency services vehicles arrived, that car was already completely engulfed in flames.

Good Sam laws protect a passerby who steps in and helps out in a situation exactly like this. On the one hand, the driver might have had a broken back or a bnroken neck and it might have killed him just to move him. On the other hand, the driver would have died for sure if he were left in the front seat of a burning car. Every case like this is unique.

I found this Good Sam news at WNEP http://www.wnep.com/Global/story.asp?S=9637927&nav=menu158_2

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