RM45: Courts Are Not Roving Tribunals

This week has Larry and Andy covering a listener question from Tennessee about Halloween house arrest for 11 days?? Crazy! How you end up on the registry, but not committing a sexual offense. New York has insane restrictions; Trump said “It’s a very scary time for young men in America”; Restoring a balance to campus sexual assault rules; Stellar human cop, kills prisoner in scalding hot water; Will liberals suffer consequences for courting Gorsuch; Miami-Dade tent city residents struggle without running water and in temporary shelter; The evolving mindset of President Trump

[33:30] The Guardian: ‘There was a lot of shame’: meet the sex offender ‘who is not a sex offender’
https://www.theguardian.com/us-news/2018/oct/01/there-was-a-lot-of-shame-meet-the-sex-offender-who-is-not-a-sex-offender

[40:00] The Washington Post: Don’t forget about Kavanaugh’s troubling legal philosophy
https://www.washingtonpost.com/opinions/dont-forget-about-kavanaughs-troubling-legal-philosophy/2018/10/02/f4d25664-c5af-11e8-9158-09630a6d8725_story.html?noredirect=on&utm_term=.579e6d2c2cad

[52:45] Vox.com: Trump: “It’s a very scary time for young men in America”
https://www.vox.com/platform/amp/2018/10/2/17928800/trump-women-doing-great-kavanaugh

[1:03:30] The Washington Post: DeVos vows campus sexual assault rules will be fair to all sides
https://www.washingtonpost.com/local/education/devos-vows-campus-sexual-assault-rules-will-be-fair-to-all-sides/2018/10/03/5ecdfc40-c73f-11e8-b2b5-79270f9cce17_story.html?noredirect=on&utm_term=.caf2aadbe735

[1:07:00] Cop Who Locked Darren Rainey in Scalding Shower Until He Died Keeps Having Sex on Duty
https://www.miaminewtimes.com/news/miami-gardens-cop-roland-clarke-who-locked-darren-rainey-in-shower-keeps-having-sex-on-duty-10767249

[1:14:00] Liberals Courted Neil Gorsuch’s Vote to Strike Down a Terrible Sex Offender Law
https://slate.com/news-and-politics/2018/10/neil-gorsuch-sex-offender-registry-supreme-court.html

[1:33:00 ]Banish
https://www.themarshallproject.org/2018/10/03/banished

[1:36:00] Trump Pushes Due Process For Some, ‘Lock’ Them Up For Others
https://www.npr.org/2018/10/05/654347194/trump-pushes-due-process-for-some-for-others-lock-them-up

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2 thoughts to “RM45: Courts Are Not Roving Tribunals”

  1. The problem with the Halloween curfew is not enumerated in state law as far as I know. It is just something the T.D.O.C. does every year. It’s called Operation Blackout. I have looked and can find no statute for this “Operation Blackout”.

    I am subject to community supervision for life pursuant to T.C.A. 39-13-524. This “Operation Blackout” applies regardless of whether or not a registered citizen is subject to Community Supervision.

    The state’s justification for “Operation Blackout” is that during the curfew period there are hay rides, Halloween mazes, haunted houses, etc. that go on for up to a week or more before Halloween and during the week of Halloween. There is NOT a statute that specifically establishes “Operation Blackout”.

    If there is a specific statute that specifically enacts “Operation Blackout” I cannot find it on the books anywhere. I am thinking this may be an administrative action of the TN Dept. of Correction and not based on any law. It’s just something they do.

  2. Good show.
    With Kavanaugh, remember that nobody was being charged with a crime. So when Larry makes the argument that we would never charge someone with domestic violence 36 years later, that kind of misses the point. Although I do understand that Larry is thinking of the bigger picture, where people may attempt to actually press charges 30 or more years after the alleged incident happened.
    This was about his fitness for the Supreme Court, and that is probably the only reason Christine Blasey-Ford came forward out of a sense of civic duty. Not that I necessarily believe that immature behavior of his youth should be a disqualifying factor, as I am sure just about every male Justice who ever sat on the Supreme Court has had at least a moment or two of weakness in his youth where he let his impulses take over. As I said before, for me this a matter of temperament and honesty. If he sat there and lied to the American people about his past behavior, how can we trust him to serve the American people faithfully?
    If the allegations are true and he admitted to them, I would had become an instant supporter, and developed a lot of faith that he will side with registrants in cases that come before the Court. But now that he did everything he could to separate himself from such behavior, I believe he will be our worse enemy when registry challenges are before him. He now has to prove he is not one of us,
    For those who keep saying Kanavaugh gets us, because he has been accused, you’re fooling yourselves. Clarence Thomas was accused too. To my knowledge, he has never been in our corner.

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