WHEN THE SYSTEM FAILS

Mrs. G posted a question on her Derfwad Manor blog last week asking if readers valued justice or mercy.  I said I go back and forth, I aways have.  One of the most frustrating things for me in law school was to learn how many cases are resolved based on rigid and out of date standards.  How frequently lies are told and evidence is suppressed or made invalid.  And worse, how frequently mercy (and common sense) was bypassed because the system is not about fairness but the "rule of law."

Today have seen the result of another aspect of our legal system.  One where those of us observing the legal maneuverings of the Casey Anthony trial were shocked to hear that the verdict could possibly be anything but guilty.  And yet she was found not guilty on all counts relating to the death of her child.

I can understand that the standard may not have been met to find for pre-meditated murder.  I do not see how the jury could find reasonable doubt that she was involved in the mistreatment or neglect of her daughter leading to her death (manslaughter.)

The standard is reasonable doubt - not no doubt.  I don't think this was a case of jury nullification as in the OJ Simpson case.  I think that the defense threw out so many other scenarios, most of them outrageous and none with any factual foundation, that they somehow got caught up in the what ifs.

I suspect the mercy part is going to show up in the sentencing and she will be let go without any further jail time.  So sad for all of us that the system, as good as it can be, failed us again.

FRIDAY FAST ONES

1.)  Someone at work started calling this month Juneuary.  Very apt.  We are having very cold, rainy spring. In addition to feeling Spring-deprived, I am getting nervous about Ally's graduation next week - the ceremony is held outdoors and in the evening...When Maggie and Zac graduated 5 years ago it was one of the hottest June days on record.  So maybe we will have the coldest one for Ally's graduation!

2.)  Ally is shopping for a roommate on Facebook.  SF State has a set up so the students can meet online and try to  find themselves a good roommate match.  I hope it is more successful than the matches that the dorms made in my day - there was no rhyme or reason to a sheltered suburban, liberal, lover of music like Traffic and Chicago ending up with a girl who was raised on a ranch, listened to country, swore like a sailor and took one look at me and called me a hippy.  Turns out I was her second roomie - the first one was African-American and her family threw a fit.  The original roommate I was paired with might have been a better match for me!

3.)  Zac has settled into staff housing at the CSUMB campus.  He is going to be the AmeriCorps*  staff position in the Service Learning Institute.  He will earn very little money this year, but will be awarded an education stipend at the end of his service.  It is also a bonus for the grad school resume. 

He always said he was interested in the Peace Corps but does not have the second language skills they tend to require.  Plus now he is more interested in service and social justice studies and not so interested in teaching math.

By the way, I learned that people over 55 can join AmeriCorps and transfer the education stipend to their child or grandchild!  Pretty cool for those who want to serve the country and help their family, too.

4.)  I heard in passing that Brad and Angelina's kids are questioning their not being married.  Then I  read that the last census found that married couples are now in the minority in this country; down 4% - while couples living together have risen 13%.  They have found that many couples are waiting to complete their educations, get settled in jobs and just generally wanting to be older and more mature before marriage.  I think that is great.

My parents married while in college and they encouraged their children to wait to be married - my dad said 30 was a good age.  Four out of 5 of us waited and we are all still married.  The sister who married young has been married and divorced 3 times now!  Just saying...

Then again, my parents have managed to stay together 58 years!

5.)  Did you know that you can be ticketed for jaywalking if you enter a crosswalk with less than 5 seconds left on the countdown?  I didn't.  Six of out out of town hotel guests were ticketed today just trying to go out to lunch.  Hope the revenue raised is worth the bad vibe sent out to the guests visiting out city.


*AmeriCorps is a program of the Corporation for National and Community Service, an independent federal agency whose mission is to improve lives, strengthen communities, and foster civic engagement through service and volunteering.

FRIDAY FAST ONES

1.)  Have you seen the story about the man who is suing the family of the boy he killed?  The 14 year-old  boy was riding his bike on a busy street with a 45 mile speed limit and was not wearing a bike helmet.  The man was driving his car at a speed of 83 miles an hour.  He was convicted of manslaughter and is currently serving 10 years in prison.  He is suing the parents for $15,000 for causing him "great mental and emotional pain and suffering" and inhibiting his "capacity to carry on in life's activities." 

I think it is pretty clear that a bike helmet would have done very little to save the life of this child and I hope that the family does not have to spend very much in attorney fees before a judge tosses this case out as a frivolous waste of the court's time and for the additional pain it puts on those parents.

2.)  The more attention we focus on the TSA touching or looking at our "junk" the less is focused on the fact that it doesn't make us any safer in the first place if they are not doing more to check the luggage and freight going into the hold of the plane.  We are a country of 6th graders when it comes to this stuff. Completely focused on our junk and oblivious to what could really be a problem.


So little media time and attention was given to the actual bombs in the computer printers that could have brought down planes in comparison to showing these titillating pictures of  body scans and people being patted down at the airport.  On the other hand...maybe when people get fed up with stripping down and getting felt up, they will get wise and demand that the TSA get busy  looking at the freight and baggage as carefully - than we will really be safer in the air.

3.)  Ally was accepted to San Francisco State University.  She is thrilled.  It was her first choice.  She is shopping for her sweatshirt and window sticker.  We are all very proud of her because her test scores surely helped with the early acceptance.

4. )  I managed to score a very part time job at a lovely little boutique hotel in our lovely little downtown.  Just working 2 evenings a week at the front desk.  It may work into something full time and it may not.  At least it gives me some new and more recent experience (heaven knows I can't use the last place!) and some income.

Something else new to try.  I'm looking forward to it!

FRIDAY FAST ONES

1.)  I think that it is interesting that an entire generation entered the work place with legal protections from sexual harassment on the job, primarily due to the groundbreaking efforts of Anita Hill to keep her harasser off the Supreme Court.  The Tea Party Activist wife of that man is stirring things up 19 years later looking for an apology.  Anita Hill didn't actually seek to go public with her accusations, her confidential statement to the Senate Judiciary Committee was leaked to the press which unleashed a storm of publicity, hearings and public debate.  Thomas used the race card and managed to squeak by and be affirmed to the Court, but the way that sexual discrimination was viewed from that time forward was different and we have all benefited from that.
 
Anita Hill has nothing to apologise for.  She is a hero in my book.

2.)  Have you tried to buy a pound of hamburger lately?  At least here in CA I am finding it difficult to buy just a simple pound of ground beef - the packages are always somewhere between 1 and 1 1/2 pounds.  So for a recipe which calls for a pound I either have to use more than it calls for or find something to do with this little bit of meat left.  I think I will go back to buying the frozen ground beef from Costco which comes

 in 1 pound "chubs."   I don't use it very often, but at least I will have the amount I want.

3.)  Did you hear about the next trend for Halloween "tricks"?  Scarrots!  Yes, Give a mini bag of mini carrots to the trick or treaters when they come to your door...

LOBBYING AGANST PUBLIC SAFETY FOR PROFIT

Department of Transportation "Secretary LaHood believes that distracted driving is a dangerous and growing problem that threatens the lives of Americans," said DOT spokeswoman Olivia Alair. "We are doing everything possible to combat talking on the phone and texting while driving and others who care about safety will join our effort – not undermine it.”

But that is exactly the mission of certain lobbyists in Washington who see an opportunity in the national distracted driving "debate" and have prepared a pitch to cell phone companies, car manufacturers, insurance and public safety groups to fight against what they say could lead to a full ban on cell phones while driving.

In other words - these communications and car companies have, to date, allowed states to pass laws, education programs to be directed to drivers, celebrities and non-profit groups to organize to save lives. But the lobbyists see an opportunity to make money on this issue and in the interest of making money, they have developed a pitch to fight against these efforts to save lives.

They identify Secretary Lahood and Oprah Winfrey as the biggest threats to the cell phone, automobile, GPS, and insurance industries that stand to lose (money?) from regulations that would prohibit the use of devices while driving. It seems like the insurance companies would be winners from these bans, and I am not sure why they include GPS devices, I have not heard of those being an issue.

Most states are banning the use of handheld phones only, although it has been shown that it is the distraction of the phone conversation, not just holding the phone that can be an issue. So, as usual, they make these things sound so much more dire and dramatic than they actually are, claim losses to their business (because drivers have to wait until they park to use the phone?)

“With industries remaining silent, national transportation authorities and media celebrities have hijacked the debate, a dire consequence to reasonable regulation,” the lobbying firm wrote in its proposal. I SAY BULL TO THE SH*T. And I hope the companies who they consider potential clients say the same thing. It is time to realize that we do not need to be in constant communication at the risk of people's lives.

MY NEW JOB

My husband Tom is an attorney. He has a "solo" practice in employment law, representing employees. After 20 years working in the corporate environment ("for the man") he decided it was time to actually practice law which is what he went to school to do.

In the past 6 years he has created a successful marketing routine, but finds it time consuming - taking time away from his billable work. Since I have recently come onto the job market - it seemed a natural for me to take over the marketing, and in time, the screening of potential clients. I can do this part-time from home. Cool.

I have been learning about Google Adwords, an advertising scheme created to confuse and confound it's potential users. It is meant to drive potential clients to his website. He also uses Craig's List with success and a service which connects people to attorneys.

In the past couple of weeks I have mentioned to a few people that I had quit my job. That news gets reactions in, as the current vernacular goes, these troubled times. Tom's practice is not being bombarded by clients with complaints against their employers, but it is a good time to be able to help people who are not being treated fairly - and it will keep me off the rolls of the unemployed, too.