Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Sunday, August 30, 2009

Juror No. 9

I served on a jury last week. Not the most comfortable experience due to the type of trial, although I did like each of the other jurors and enjoyed my conversations with them. There were three teachers, a journalist, a student, and me. This was my third time as a juror. The previous two experiences were a business dispute and a theft case. In the former dispute, there was a suit and a countersuit, and we didn't give either party anything. Case closed. In the second case, it was quite obvious that the guy was guilty and we convicted (after a lot of discussion convincing one holdout in the jury - she probably felt better afterward when we learned that he had done this sort of thing before). Some idiot went into a convenience store and left his keys in his car, and some kid took off with it.

This case last week was a DUI. Well, damn. There but for the grace of God, you know. DUI laws are really strict these days, and punishment is severe. I really did not want them to pick me. I answered the lawyers questions accurately, and was very surprised that they did not eliminate me based on one answer in particular. But there it was. I was on that jury. Trapped.

We sat through the lone witness's testimony (the officer who made the arrest) and saw the videotape. It was a long afternoon. We all took notes and paid careful attention to detail.

The trial stretched into a second day. I awoke that second day with dread. It really seemed that we would have to convict that young man. But after the conclusion of the trial and with careful consideration of the judge's instructions on both the law and the meaning of "reasonable doubt" we ended up with a not guilty verdict on the charge that counted the most. We discussed the details for a long time in the jury room. We tried the "field sobriety exercises" ourselves, with sometimes comical effect. We asked to watch the video a second time, and did - with extensive note taking. It was a razor thin margin, and could easily have gone the other way. There was just enough lacking in the state's case that failed to prove guilt beyond a reasonable doubt. We all agreed the kid should not have been driving. But that was not what we were asked to decide.

The prosecutor was no doubt disappointed in the outcome of this case. But if she was serious about her motivation to make the county a safer place, then she did accomplish something this week. After my experience with this trial, I will definitely alter my behavior regarding drinking and driving. I don't want to be the one in that defendant's chair. There but for the grace of God...

Monday, February 11, 2008

Border Wars and Wounded Pride

Georgia's state legislature has been hard at work this session, fighting injustice and righting new and old wrongs. (This is the kind of thing that Dave usually covers, but I see he has posted about other news today.) Just what does this very important work entail? Mostly they seem focused on protecting the wounded pride of UGA fans, but they've also had time to put forth some really ridiculous solutions to the water crisis.

Last month they voted 151-9 to enact a resolution calling on the NCAA to replace the BCS with a playoff system. Because this is clearly pressing business that the state of Georgia has control over... NOT.

They're barking mad over the new "Florida Gator" license plates that just gained approval by the Georgia DMV. Several other colleges from neighboring states have special Georgia plates as well. Some legislators have introduced a bill that would require reciprocity, or the out of state schools will not get their tags renewed. I think all this hoopla is because the Gators really get under UGA fans' skins. They didn't get too worked up when Georgia Tech rival Clemson got a plate. But U of F? That's going too far and cannot be tolerated.

Just when you thought it couldn't get any sillier, I present to you SR822. This bill seeks to correct a surveying error that occurred in 1818, when the Georgia-Tennessee border was incorrectly moved about a mile south of the 35th parallel, which remains the official border. This error, while seemingly water under the bridge for almost two hundred years, has the unfortunate consequence of placing the Tennessee River out of Georgia's reach in a time of historic drought. We're already in a longstanding fight with Alabama and Florida over water - sure, why not pick a little border fight with Tennessee while we're at it! Because that will be so helpful. I thought this was a joke when I first heard about it, but apparently it is serious.

What the legislature will not consider, even though a majority of Georgians are in favor of it, are Sunday sales of alcohol. It is an election year, so that topic is DOA.

So there you go. The legislative priorities this year are set. We'll rekindle the Civil War - this time with Tennessee - and make sure that the University of Georgia fans get everything they want. I can't decide if I am mad that the legislature is wasting time with crap like this, or happy that it is keeping them occupied and out of trouble (can't make a mess out of real problem solving if you are busy with this kind of stuff).

Thursday, August 23, 2007

You can't legislate good taste.

It figures. As soon as I let myself off the hook for not posting, I find something to post about.

I saw in today's newspaper that Atlanta wants to ban "saggy pants"! Apparently, this is an "epidemic" that is of "major concern". Wow. I hope I don't catch it. I'd look terrible in saggy pants, and I have no idea how kids get them to stay on when worn so low on the hips.

It seems that some Atlanta City Council members are tired of seeing young men wearing those incredibly baggy pants worn low on the hips so as to show off their boxer shorts. The council is equally upset with women who wear low rise pants that expose their thong underwear. They are fed up and they aren't gonna take it anymore. The new law, if enacted, would ban any visible underwear seen in public, including a stray bra strap. (Oops. I'm guilty of inadvertant bra strap display on occasion.)

This proposed change in the law is a stupid idea for a lot of reasons. I don't like this particular fashion trend, but this is a free country and laws should stick to limiting behaviors that endanger the public. It is bound to be seen as racist (although the thong thing seems universally popular among young women regardless of race). It won't stand up in court, and will waste a lot of money and resources when it is inevitably challenged. All the time and attention paid to this "issue" would be better spent solving real problems. Instead of worrying about what kids are wearing, why don't we worry about how well they are being educated, how healthy they are, and whether or not they are staying out of trouble?

Wednesday, March 28, 2007

More Blue Law Blues

The bill that would allow local jurisdictions in Georgia to vote on whether to allow retail sales of alcohol on Sundays is dead, through legislative inaction. Those 'blue laws' I was bitching about back in January are here to stay. I knew it! In spite of widespread public support, a small minority of religious conservatives has managed (once again) to impose their will on the majority. The future of the bill was uncertain, even if voted on. The governor, who is a teetotaler, had darkly hinted of a veto in the unlikely event the law passed both legislative houses.

It wasn't as if this was a bill that stipulated alcohol *must* be sold on Sundays. It would have allowed local communities to decide for themselves. All those Christians in rural Georgia that were so outraged needn't have worried - no doubt the Sunday sales option would be voted down in their areas. (Or WOULD it? Maybe they were afraid to put it to popular vote?) At any rate, it is a moot point for now. Maybe forever in this backward state.

It's damned inconvenient and arbitrary if you ask me. I'm not an evil, bad person. I'm a regular citizen who works hard and is busy during the week, and I want to enjoy my downtime on the weekends without unreasonable restrictions. This would include buying a six pack or a bottle of wine on Sunday. The blue laws skirt awfully close to government officially sanctioning religion. But since we are stuck with it, I think I'll buy myself a case of three buck Chuck and keep it in the basement for all those times I forget (or it isn't convenient) to plan ahead. But I shouldn't have to.

Thursday, January 18, 2007

Blue Law Blues

Our state legislature is in session and once again, a bill to change Georgia’s “blue laws” has been introduced. The bill, if enacted, would allow local jurisdictions to let voters decide whether or not beer and wine can be sold on Sundays. I purchase beer and wine, and don’t have any problem with drinking it on Sundays, so naturally this is of interest to me. Currently, the statewide rule is that on Sundays, Georgians can only purchase beer and wine at restaurants, and they must consume the beverage on the premises. If you want to drink alcohol in your home on Sunday, you must have the foresight to purchase it before midnight on Saturday night (or you can drive to another state and get it, if that floats your boat). We are one of only three states with this restriction. This particular state law is intended to force people to conform to the religious idea of Sunday as a “day of rest” or some such. I don’t know about you, but I sometimes want to rest with a tall, cold one or a nice glass of shiraz. And some days, having to get cleaned up and go out to a restaurant to get one is not particularly restful. Plus there is the whole driving home afterward thing to deal with…

I don’t give this bill much of a chance for survival, even though a majority of Georgians are for it. Heck, in the metro Atlanta area a whopping 80% of citizens in a recent poll were in favor of letting voters decide. The bill doesn’t force a change on anyone, it merely allows local people to arrange things to the satisfaction of the majority of voters. I’m sure some communities would keep the ban. I haven’t heard any completely rational arguments for why we need blue laws. Most of the arguments center on religion, not rationality. I believe that if respecting the Lord’s Day is important to you, then you are free to do that on any day of your choosing. What you should not be free to do is to demand compliance from others. People can do just about anything on Sunday that is legal to do on any other day of the week. It makes no sense to arbitrarily restrict this one thing. And yet, every time an attempt is made to change the law, it fails. This time will be no different. Even if the bill manages to make it past the legislature, the governor has already not-so-subtly hinted that he’ll veto it. Clearly, in this case he feels that his opinion trumps the will of the people who elected him.

Why am I ranting about this? It isn’t very important in the grand scheme of things. It isn’t a total ban, but is more of an inconvenient limitation. It isn’t a rule that I spend much time thinking about, and if I want a drink on a Sunday, I find a way to legally get one. Basically, I am ranting because in this case, our representative government is failing its citizens. Clearly, the majority of people want the blue laws to change, and the government continues to stifle their wishes in order to please a small minority. It is frustrating and wrong. And kind of stupid.