tag:blogger.com,1999:blog-9615048.post114955603511268542..comments2024-03-18T16:53:45.062-04:00Comments on Southern District of Florida Blog: Jack Bauer or real life?David Oscar Markushttp://www.blogger.com/profile/18386723948607633980noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-9615048.post-1149630187256923502006-06-06T17:43:00.000-04:002006-06-06T17:43:00.000-04:00This is not a comment on the post but rather I wan...This is not a comment on the post but rather I wanted to alert everybody to a recent 11th Circuit Case, U.S. v. Valnor. (It's posted on Prof. Berman's blog). Aside from the fact that the 11th affirmed an upward variance in a Zloch case what caught my attention is that the Govt argued that the appellate waiver exception was not triggered when Zloch "varied" upward as opposed to "departing" upward. (See footnote 1) Sounds like we should all review the appellate waiver provision in the plea agreements and make sure it includes language that if the Judge orders an upward variance under Booker that the Defendant can appeal.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-1149606342098336362006-06-06T11:05:00.000-04:002006-06-06T11:05:00.000-04:00The government tortures the law relating to the 4t...The government tortures the law relating to the 4th amendment way too often. Why do you think they teach the officers caselaw? Do you think it is so they will comply with the law? No, it is to ensure they fit the facts into a particular exception so that an otherwise illegal siezure would be deemed legal. Look at what the Marines did in Hayditha (sp?). They filed false reports and planted a gun. This is what people do when there is nobody to hold anybody accountable for thier actions. That group of Marines that killed those civillians mine as well have been City of Miami cops planting a gun on a homeless guy they just shot.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-1149605122896771722006-06-06T10:45:00.000-04:002006-06-06T10:45:00.000-04:00Dershowitz's "sunlight-is-the-best-disinfectant" t...Dershowitz's "sunlight-is-the-best-disinfectant" theory of torture is novel, but it really gets us into a slippery slope. I'm not sure there's a practical way of demarcating the boundaries. How would the public (and the world) perceive an American judiciary, ruling on such "torture motions"?What would that do to the integrity of our judiciary? Finally, if we had the process proposed by Dershowitz, would it really prevent torture from occurring outside that process? (I think it would not).Anonymousnoreply@blogger.com