Tuesday, September 11, 2007

Crim Law is Fun

Criminal law is a lot of fun. Before this is taken the wrong way, I am not talking about the horrible things that happen to people by criminals. I am talking about the craft of law practiced in criminal courts as opposed to civil. First, criminal law moves quickly. Civil cases drag on for years and then settle right before the case goes to trial. The state has to bring a defendant to trial withing speedy trial, which means cases don't tend to hang around for years waiting for one side to budge. Secondly, there are a lot of cases. This means that, for better or worse, you are not going to be able to always prepare for everything in every case. You have to fly by the seat of your pants in court. Motions are often done orally without ever filing any paperwork. You have to think quickly and have a good enough grasp on the law that you can make an argument on the fly. That's fun. Civil law is the practice of using the more paper than your opponent in hopes he will run out of money. Finally, the things criminals do is often funny, especially when we are talking about the type of street level crime that I see in misdemeanor court.

Think about the Larry Craig case. That would be fun to bring to trial. The prosecutor should not object to his recent motion to revoke his plea agreement. The prosecutor could set up a model of a public toilet in the classroom and asked Mr. Craig to show his "wide stance" to the jury. The other thing I find ridiculous is that Craig claims in his motion that he was not fully aware of the rights he was waiving. Yes, he did waive his trial rights by mail when he signed the plea agreement and a judge never got to question him about the rights he was waiving. On the other-hand, he is a United States Senator and has taken an oath to uphold the Constitution. If there was ever a person in a position to waive constitutional rights, I think it would be him. From what I can tell, this is a win-win for the prosecutor, and for the Senator, it seems to only continue to make him the subject of nation-wide bathroom humor.

And about him being gay. . .watch this video and tell me what you think:

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