Guards suspended over posting

Utah, the most comically awful state in the union, is now becoming substantially worse, in a decidedly non-comical way. Both chambers of the state legislature passed new legislation that will define miscarriages due to reckless behavior as criminal homicide, which could result in the guilty party facing up to life in prison. To prove ”reckless behavior,” a prosecutor might only have to argue that a woman drank too often, or even stayed in an abusive relationship. She could also be found guilty of a crime if she attempted to have an illegal abortion that resulted in a miscarriage.

[David R. Dow] devotes his life to fighting for his clients — many of whom he dislikes enormously, and all but seven of whom he believes to be guilty — because he’s certain that what Justice Harry A. Blackmun called the American ‘machinery of death’ is broken. Cops fudge the truth. They coerce false testimony. Court-appointed lawyers sleep through trials. They miss deadlines. They fail to put on exculpatory evidence. Juries believe every word uttered by ‘expert’ witnesses who opine on defendants they have never met. Jurors evade responsibility by hiding behind the other jurors. Judges evade responsibility by hiding behind jury verdicts, and appeals courts hide behind the trial courts. The Supreme Court can hide from a case by refusing to take it. Elected judges, particularly in Texas, must deliver convictions. Federal judges named to the federal bench because they are pals with a senator overlook deeply flawed trials. And by the time Dow comes into a case, the law will sometimes not permit him to help his client. As he explains: ‘Prosecutors and judges kowtow to family members of murder victims who demand an eye for an eye, and the lonely lawyer declaiming about proper procedures is a shouting lunatic in the asylum.’

Dahlia Lithwick, reviewing Dow’s new memoir, The Autobiography of an Execution (via savingpaper)

The Supreme Court has ruled that corporations are persons and that money is speech and that, therefore, corporations have a greater right to free speech than other, mortal persons with actual mouths but not as much money. These poorer, merely human persons also don’t get to enjoy the apparently divine right of limited liability. Among the more intriguing repercussions of this astonishing and absurd ruling is that foreign corporations are also now free to buy up all the airtime they can afford to run attack ads against American elected officials. The xenophobic right wing seems only dimly aware of this so far, but I can’t help but wonder how they will respond when, say, America Movil — the Latin American mobile phone company owned by Carlos Slim Helu, the world’s third-richest man — decides to run campaign ads attacking U.S. politicians opposed to illegal immigration.

Jan. 21, 2010, will go down as a dark day in the history of U.S. democracy, and its decline. On that day the U.S. Supreme Court ruled that the government may not ban corporations from political spending on elections—a decision that profoundly affects government policy, both domestic and international. The decision heralds even further corporate takeover of the U.S. political system.

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