Nebraska Judge Disallows Use of Word "Rape"

A Nebraska judge bans the word rape from his courtroom

By Dahlia Lithwick
Posted Wednesday, June 20, 2007, at 7:27 PM ET

[Redacted for boringness]
Yet a Nebraska district judge, Jeffre Cheuvront, suddenly finds himself in a war of words with attorneys on both sides of a sexual assault trial. More worrisome, he appears to be at war with language itself, and his paradoxical answer is to ban it: Last fall, Cheuvront granted a motion by defense attorneys barring the use of the words rape, sexual assault, victim, assailant, and sexual assault kit from the trial of Pamir Safi—accused of raping Tory Bowen in October 2004.

Full Article from Slate.

When I first read this headline, I got angry at the idea of another backwards southern state trying to turn back the clock on women's rights, or as I like to call it the "Shush up honey, and get me another mint julep" style of jurisprudence. But as it turns out, this is actually a rape case and now I'm a little torn on the issue myself.

Rape, as it is being used here in the court room, is a criminal offense that only legally exists when all of the elements of the crime are met. So anytime someone uses it, it is a legal conclusion. It would be the same as allowing the prosecution or a witness to refer to a person accused of embezzling as an "embezzler who was embezzling." You can testify that he had forcible intercourse or that he used violence or anything to describe the situation, you just can't say what it is up to the jury to decide. Whether it was "rape." If everyone is allowed to describe the conduct as "rape" during the trial then it would make sense that the jury would agree.

But to exclude the word at all (as I imagine this was a motion in limine, at the beginning of trial) seems excessive. I'm sure that the victim of a mugging would testify that he was "mugged" or that he was "robbed," even though the latter would qualify as a legal conclusions as well. Of course the victim thinks a crime was committed. I think an instruction or admonishion to the jury before hand would have been sufficient. Something to the effect of "any time someone uses the word rape, you should disregard the use of the word as evidence that the crime was actually committed."

I wonder how this works most of the time. This is too heavy for a friday.

Quelle Bonne Idée!

Yesterday, Paris began its Velib' program (velo + liberté = velib'). A program where eventually over 10,000 bicycles will be available to Parisians for their daily commute at 750 different points throughout the city. All it takes is a 150€ deposit, and, while the first half-hour is free, one also needs to sign some sort of rental agreement, depending on needs. The best deal seems to be the annual 29€ rental.

I don't know if that would work in SF, because of these.

photo courtesy of Dizzy Atmosphere on flicker

But what a great idea! Although not everyone's happy. The reaction of one bicylce store owner, was "not everone wants to ride a communist bike." («Tout le monde n'a pas envie de rouler sur un vélo communiste») (from la lib)

Article from La Liberation

Sarkozy and Putin: No wounded soldiers on their watch

"Tout qui commence bien...."

This is a clip of a befuddled Sarkozy apologizing for arriving late to a press conference, stating that it was due to the length of discussions with Vladamir Putin. The Belgians picked this up first, and inferred that Sarko was wasted by saying that he had had more to drink than just water. Others have implied that he tried to keep up with Putin and lost.



I don't know. He has said before that he doesn't drink alcohol. He might also just be a befuddled new president late for an important press conference.

Summer in SF Will Last Approximately 3 days

No, this isn't about climate change. When people think of California, they don't usually think of cold-ass bitter wind in June. They think of boobs bouncing in slow-motion along the beach or the warm Silicon Valley, or sometimes a cross between the two. But the weather in SF is a little different. It's not perma-summer like down in LA. And for some reason the summer is actually one of our coldest seasons. Something to do with the heat of the valley, bringing in fog, something something something, blah blah blah.

But hey, guess what? According to the Chronicle, we're going to have a "75-Degree 'Heat Wave' in SF." That's how cold the summers are here people. Our Heat Waves aren't all that hot and get put in quotes.

I own a lot of fleece.

But, of course, not everyone is happy about this.

I Know Why the Caged Bird Feels "Caged"

In an exclusive interview with Barbara Walters, an imprisoned Paris Hilton described her first few days in jail as a “horrible experience,” saying she didn’t eat, sleep, was severely depressed and felt like she was “in a cage.” (Boston Herald article)

A caaaaaaage? Prison? Really? I never! Perhaps she meant "open field of daisies" or "like a princess on her throne." As long as no one takes a picture!

This reminds me of an event that kept me motivated to stay in school when I worked in the service industry in high school and college. The dialog is reproduced below.

Client: I'll have the entrée.
Me: Great, would you like a salad or the soup du jour?
Client: What is the soup du jour?
Me: Today we have the "wild mushroom soup."
Client: Hmm, I think I'll have that.
Me: Ok, great. Thank You.
(I bring the soup, along with the rest of the table's appetizers/starters. Several minutes later, I am flagged down by the client.)
Me: Yes?
Client: I don't know about this soup.
Me: I'm sorry, is there something wrong with it?
Client: I don't know...it tastes like mushrooms. It's too mushroom-y.

We ended comping that table a lot of stuff. You can imagine how the rest of the meal went.

I feel that we all have been a little too obsessed with the Paris Hilton thing. Myself most definitely included. I'm a little burnt out, to tell you the truth. So, absent any crazy and completely unforeseen circumstances, I'm going to do all (3) of us a favor and not going to talk about her anymore.

Paris Back in the Pokey

As opposed to getting poked in the back-y. You know, like her sex film? Nah, too much of a stretch, huh? Well all the good ones have already been taken in the nanosecond since this news was released.

While I have made my opinion clear in my previous posts, I do think it is unfair for the Sheriff to release Paris, only to have the Court haul her back in the next day and change her sentence. This seemed to be more of a dispute between the sheriff's department and the court/city attorney. They really didn't need to drag her into court again. Sorry Paris. But still not too sorry.

Article

Photo from The Superficial


I really wish she would just stay put. Having so many freaking posts about Paris Hilton is really starting to freak me out.

Not So Fast Paris

The judge and City Attorney aren't so happy with the Sheriff's decision to put Paris under mansion-arrest. (cnn article). She is being ordered to appear in court today. Apparently the judge's sentencing order explicitly states that she is not to serve her time at home.

Hmmm. I wonder she did during those "extensive consultations" with doctors that so convinced them she deserved to go home?

Paris Serves Forty-Five Days

LOS ANGELES, California (CNN) -- Paris Hilton was let out of jail Thursday morning, days after she began serving what was to have been a 45-day sentence for violating probation, a spokesman for the Los Angeles County Sheriff's Department said.

Hilton must wear a monitoring bracelet and remain at her home for another 40 days, said sheriff's department spokesman Steve Whitmore.

Well, Paris is loose. Well, in one way that is news, and in another, it really isn't. I'm sure that totally seemed like 45 days and that you like, you know, totally learned your lesson and stuff. P.S. Paris, think of it as an accessory. Michelle Rodriguez totally made it work.


Apparently Paris was refusing to eat la cuisine served en prison. She was allowed to do her time under home confinement due to "medical considerations." Yes, refusing to eat will always be a medical consideration that warrants lenient treatment. Just ask the boys in Guantanamo.

I feel like this should make me angry. But I guess I'm just not surprised.

Charges Against Hamdan & Khadr Dismissed

Military judges dismissed all charges against Salim Ahmed Hamdan (the same Hamdan who was the petitioner in the 2006 Supreme Court case) and Omar Ahmed Khadr (the kid who was 15 when he was detained).

These detainees had been previously determined to be "enemy combatants" but not "unlawful enemy combatants." As the tribunal only has jurisdiction to hear cases involving "unlawful enemy combatants, the judge found it did not have jurisdiction to hear the cases.

bite-size article

In depth analysis

Written ruling

Why I Love the Internet

Within hours of each other two people on opposite sides of the globe found this blog by inserting search terms into Google. The search terms were:

Person 1: "format for a memo attorney"

Person 2: "Fuzzy condoms"

I hope you both found what you're looking for!

Scariest Candidate Contest

So far, the winner is clear. Mitt Romney. Here are the reasons in no particular order.

1. He's a Mormon.
As an agnostic/atheist/existentialist myself, I have a hard enough time with religion mixing in with politics at all. But I realize that a lot, if not most, Americans like their president to believe in God. Ok, fair enough. I find the Shrub's brand of fire and brimstone faith to be overbearing. But Mormonism is a whole different ball game. Now, don't get me wrong. I've had a few Mormon friends here and there, and they are really (really really) nice people. But I have to draw the line somewhere. Mormon's believe that they become demi-gods of alien planets if they are good in this life. I'm not sure where exactly my line is, but I do know that this is across that line.

2. His favorite book is "Battlefield Earth"
This is disturbing for two reasons, actually. First, it was written by L. Ron Hubbard, the founder of Scientology. While Romney has said he doesn't condone Scientology, which is, of course, perhaps the MOST wacky religion on the fringes of the mainstream, a Mormon saying that a book written by the founder of Scientology is his favorite equals DOUBLE CRAZY.
This is also disturbing because it is a horrible novel. Plain and simple. But maybe it was better than the movie. Why not the Book of Mormon? At least that sounds like interesting and well-written fiction.
And at least Romney reads something other than the Bible.

3. His feelings on Guantanamo
When asked about terrorism, he said that we ought to "Double Guantanamo" where the detainees aren't on "our soil" and don't have "access to lawyers." I don't even know how to argue with this statement.

I would be willing to overlook or change my mind about the first two (ok maybe just the Mormon thing, I mean Battlefield Earth? How about...I don't know...anything else?). I do not understand how someone trained in our system of law can actually believe that the accused should be denied counsel and held without charge.

Not that I'm going to vote for a Republican anyway, but I'm just saying....

Bush Not Much for Bread, Circuses

Here's an article from the Houston Chronicle

May 21, 2007, 2:04PM
Bush defends Gonzales, dismisses plan for no-confidence vote
By BEN FELLER Associated Press Writer
© 2007 The Associated Press CRAWFORD, Texas — President Bush insisted on Monday that embattled Attorney General Alberto Gonzales still has his support and denounced Democratic plans for a no-confidence vote as "pure political theater.

Political theatre you say? Hmmm, seems to me you've become quite the thespian yourself!

From the famous Mission Accomplished Photo Shoot....


...to having the parents of a fallen American Soldier do a cameo at the state of the union address back in 2005.
Or this little gem


Cuz that's a genuine and substantive way to deal with Malaria, right?

Vaguely Female Friday

I am intrigued by Verka Serduchka. Here's another gem from that crazy Ukranian. This one has dancing monkeys.



She reminds me of a (more) Eastern European Hedwig (below). What do you guys think?

Screw the Cigarette, You Had Better Take That Meatsicle Out of Your Mouth

Oh no! Oral sex can give you throat cancer? I am going to be fucked and not fucked in so many ways it boggles the mind.

Article at SFgate.

I hope this is on itunes soon

I don't follow American Idol. I don't know if that means I want the terrorists to win, or if I'm just afraid of commitment. Just can't care.

But Europe has an interesting version of this same idea, called the Eurovision Song Contest. It's like American Idol, except each country gets to send one group. The only problem is that when people don't like the results in Eurovision, international relations in Europe are chilled for a good couple of days.

And they are all generally really bad. I mean, like painful to watch. Now, before I get any hate comments from my European readers (ha ha, right), this isn't about Europe. It's about these horrible contests. They just don't produce anything musically interesting.

But this year, it did produce something incredibly entertaining to me. Behold the second-place finisher, Ukraine and its Verka SERDUCHKA - Dancing Lasha Tumbai.

Warning: Memorizing in a tranny car wreck kind of way.



So Verka, if it's any consolation, you were totally robbed. I don't understand how this could NOT win. Especially when compared with some of the other "music." Like the Turkish Justin Timberlake:



or this group from France:



Oh god, what was that? But it's so much better than this snooze fest that won, though I do find the naughty professional eastern european lipstick lesbian look to be very interesting.

Jerry Falwell dead at 73

The fact that this asshole out-lived my father is actually further proof to me that there is no God. But if there is, I hope Foulwell is put in the same level of hades as all other intolerant bigots who claim they have the mandate of the Almighty.

We'll Always Have Paris

I was trying to avoid this, but I just can't anymore. In a news item that refuses to die, Paris Hilton is not not only appealing her 45-day sentence, but is also asking the Governator for a pardon. In the petition for her pardon (which I REFUSE to link to), it says

Paris Whitney Hilton is an American celebrity and socialite. She is an heiress to a share of the Hilton Hotel fortune, as well as to the real estate fortune of her father Richard Hilton. She provides hope for young people all over the U.S. and the world. She provides beauty and excitement to (most of) our otherwise mundane lives.

Wow. I can't believe that someone actually sees herself as being so incredibly entitled.

I'm going to let you all in on a little secret today. I have some personal experience with a DUI. If anything Paris has already gotten preferential treatment. If Joe Shmoe were caught while driving with a suspended license because of a previous DUI, it would be considered a violation of his probation and he would either go (back) to jail (if he couldn't afford the fine the first time) or would get his sentence enhanced (more work program/more fine), and the car, even if it didn't belong to him, would get impounded at his expense.

When Paris got caught driving on a suspended license for the first time, she had to sign a statement saying that she knew her license was suspended. That's it. And LA is not known for being lenient on drunk drivers because of the driving culture of the city, and the fact that you spend so much time on the highway, it's usually the CHP that get you, and they are NOTORIOUSLY hard-ass.

So, when she gets caught a SECOND time, I don't think imposing a 45-day sentence is ludicrous. The whole reason she can be so carefree is because she doesn't have a job to lose or a family to feed, so be it. I just don't understand why she would keep insisting on driving places! I mean, with her money I'm sure she has a driver who will just take her around!

So Paris, if you read this, I'm not trying to mean. Like I said, I've been on the wrong side of one of these before, and it is a terrifying experience. But I have paid my dues on time, and done everything the system told me to do. I thought my sentence was a bit harsh too, considering the circumstances. But HOW DARE YOU think that somehow because people are fascinated with your princess life-style that you are entitled to preferential treatment. Do us all a favor. Read a book while your in there and play cards with lesbians. You might learn something.

On another note though, I do feel sorry for you because of this thing. That's just not fair. And this IS kinda because you're famous for being famous.

You Got Serve...OH DEAR JESUS!!!!

Man Dies Dancing in Parking Lot

AP

NEW BRITAIN, Conn. (May 9) -- A man died while trying to outdo a rival with an acrobatic move while "battle dancing," police said.

Robert Stitt, 48, and his rival were competing in a parking lot Monday night when he tried a forward flip and landed on his head.

linky

1. As sad as this is, I hope I go in a dance-off battle.

2. But I'll put some cardboard down

3. People battle in a place called "New Britain Connecticut"?

4. 48 year-olds battle anywhere?

Sarko a l’Elysée

Well, he took it, with 85% voter turnout (could you imagine that here? Last presidential election here it was 57%. Wow). And so far, not so bad:

Ils se sont soldés par 730 voitures incendiées, 78 policiers et gendarmes blessés et 592 arrestations, selon un bilan de la Direction générale de la police nationale (DGPN).

It could've been worse. Well, this other article makes it sound worse:

Police fired teargas grenades into a group of several hundred masked demonstrators who threw rocks and other missiles at them, at the Place Bastille in Paris, where about 5,000 anti-Sarkozy protesters had gathered. There were also reports that police clashed with 2,500 protesters in Toulouse; 2,000 demonstrators in Lyon; and several hundred protesters in the towns of Rennes, Nates and Brest.

What actually happened?

Restez a l'écoute

On May 6 the French will pick their new president. It has become a classic left-right battle. I am somewhat torn between "Sarko" v. "Ségo" myself. I think France does need some structural reform, but I don't think the French will put up with much from Sarko because he is already seen as being too "anglo." I mean look what happened to Dominique de Villepin with the contrat première embauche. In case you missed it last year, this is what happened.

With Ségolène, one risks the status quo, but I think she might be able to push some mild market-based reforms through with her general support from the left. I also don't think that France needs to become Anglo to succeed. Is the unemployment rate to high? Yes, but I don't think they need to completely dismantle their state-run programs. Their hospitals and schools are first-rate. I kind of want France to stay, at least mostly, France. But it's not up to me, now is it.

On another note, the neuf-trois is getting ready, because if Sarko is elected, the banlieus of Paris might start to burn again. Soyez sages et prudents mes amis!!

Photo from The Economist.