Can We Hold Criminals Liable For Investigatory Expenses?

Okay, it is very likely that I will take a large amount of flak for this post.  I have prepared to get more hate e-mail like I did the day of the trial, but this post will focus on some developments in the Case Anthony trial (I know I will spare whipping the overkilled horse...trust me).  While many of you know my views on our justice system and the outcome of her trial I just found an interesting report stating that the state of Florida is, in fact, suing Anthony for the reimbursement of investigatory services linked to searching for her daughter.  You can see the story here.

If you read the story you see that the state is making a claim against Ms. Anthony for $293,123.77.  And if you have any sense of how the legal system works you must be scratching your head like I did.  Does Florida honestly believe she is going to pay this?  At a minimum this is just an act to drain Anthony of any funds she may get from appearances, book deals, or a movie 9all of which have been proposed).

However, before she has to pay a judge will have to rule on the merits of the case and issue a judgement in favor of the state.  MARK MY WORDS, any judge that issues that type of judgment will likely quit his/her job because it is political and public suicide.  Not to mention the appeal-ability of this type of claim.  I have done some research and was unable to find any state or federal precedent for this type of suit.  Florida is trying to support its case by pointing to Anthony's convictions as a miscarriage and inhibition of the investigation leading to the exorbitant expenses.  Yet, being that this case is unsupported by LAW it is very likely this claim will be tied up in the appellate courts for a very long time.

Alternatively, and additionally, do we really want the police to succeed on these types of claims?  By allowing this form of restitution it may be that the police are just getting double paid for something they were under a duty to do in the first place.  Again, this seems like a case where the state is attempting to capitalize on Anthony's projected fame.

I will be watching this issue pretty closely because it will open a HUGE can of worms for "celebrity bad boys and girls."  The court appearance on the issue is slated for September 2, 2011.

Can Teenage Driving Laws Prevent Tragedy?

I would like to begin this post by saying that the following topic is the result of a close-to-home tragedy that occurred just over the river in Linwood, NJ.  Some of you may know that a recent roll over car accident cost Linwood four high school football players.  My heart and prayers are with the families of the players and the community at Linwood.  An article about the players can be found on Sports Illustrated.

This brings me to the point of this article.  Should there be teenage driving laws that restrict the number of passengers that a teenager may have in a vehicle while behind the wheel?  This issue has been particularly hot lately and I personally have heard of proposed legislation in three states (New York, Pennsylvania, and Michigan).  Currently each of these states have what I'll describe as an age cap ban which allows others 18 or 21 and older to ride plus an additional under 18 passenger.  However, in New Jersey the only exception to the law is passengers that are dependents of the teenage driver.

In the Linwood case, there were eight passengers all under the age of 18; therefore, in violation of New Jersey law.  However, from what I understand the cause of the accident is still in the wind (unknown).  Commentators are not willing to say what everyone in the state legislature had lobbied.  That is that the cause was too many distractions due to the number of teenagers in the vehicle.  Personally, I think it is respectful not to criticize the actions of the deceased, but then how do we really tackle this issue.

Out of personal experiences (and the fact that I am not that far removed from teen-hood) I can tell you that there have been times when I have been distracted by friends in my car.  Interestingly though, is that in the few accidents I have been in, I have never had another passenger in the car.  For this reason alone, I feel that laws prohibiting the number of teen passenger in a vehicle operated by a teenager is practically worthless.

Additionally, if we look at other laws passed for traffic safety as a deterrent for certain vehicular activity we find that many laws are not followed closely.  Cruising at 5 m.p.h. over the speed limit has become acceptable, talking and texting while driving, and even drinking then driving are all enforceable legislation, but seem to lack bite.  Instead, we continue to see rising levels in fatal car accidents.

I don't believe the tragedy in Linwood could have been prevented by having less passengers in the vehicle, but does this mean the law in place was ineffective?  You tell me.

Flash Mobs--All The Craze These Days

I am not sure how many people are aware of the recent rash of flash mobs of teens roving some of the major cities of the United States.  Two cities that come to mind are Kansas City (the suspected birthplace of this activity) and right here in Philly.

So, what exactly are these teens doing that is causing such a fuss?  Since May (in Philly), there has been a rise in violent random attacks by mobs on passersby.  This has been attributed to many different things including teenage boredom, lack of facilities open late at night for teens, and, of course, poor parental supervision.  Personally, I feel as though the last choice is totally incorrect; however, the mayor and others in control of local government disagree with me.  So, their choice was to impose a curfew in Center City.  Those under 18 must be out certain downtown areas after 9 p.m. unless they are accompanied by a parent or guardian (an not some random adult).  Additionally, the teen may prove that he or she is on her way home or somewhere to meet an appropriate adult supervisor.

The next obvious question is, what are the penalties for violating the curfew?  First, any teen found on the street after the curfew that is unable to meet the burden of proof described above will be taken into custody by police.  The teen is transported to a local precinct or sub-station and put in a special holding area while the teen's parents are contacted.  The teen and parent both face fines that increase if the teen is caught in violation again.  Additionally (and arguably my least favorite part of this curfew), the parent or legal guardian of a teen will be subject to stiffer penalties if they do not report to the precinct or sub-station to retrieve their truant teen.  To interject my feelings, I was raised under the adage "If you are picked up by the police don't expect to be bailed out until the morning."  Honestly, I am not sure whether my parents were being serious or not but, I never thought of testing that theory.

Mayor Nutter has seriously cracked down on the mob violence in Center City, but I am not sure he is doing it in a legally appropriate manner.  We all know of instances where stubborn teens wind up doing what they want (even against the wishes or demands of their parents or guardians).  Parents should be held responsible for their children, but at what cost?  Should there be a hearing to determine whether the child is acting out against the parent.  It seems that fining a parent may not be a very strong deterrent.

In the first weekend of the curfew almost 70 teens were placed in custody at precincts or sub-stations.  Many of the parents claimed that they did not know of the curfew, but, as many of you readers will think to yourself, ignorance of the law is no defense.  Besides, it has been all over the TV, in the papers, on the radio, and I have personally heard talk of it in the suburbs that are not even affected by mob violence.

Is there a better way to deal with this? You decide.
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UPDATE:

The Philadelphia PD reported that another 34 teens were detained for violating the curfew this past weekend.

Switched Blog Sites

I have been spending the last few hours moving everything over from Tumblr to Blogger.  This is mainly due to Tumblr's persistent cutting of services to its users and changes to the interface that I didn't personally prefer.  Anyway, this site seems to be a little more appropriate for my needs and will make it easier for me to keep you up to date.

Thanks,
Brad