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Legal news from Friday, July 15, 2005 |
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TV networks savaged for covering trivial legal stories instead of Sudan genocide
Tom Henry on July 15, 2005 3:41 PM ET

[JURIST] A new report by the American Progress Fund [advocacy website] has savaged US television news networks for covering trivial legal stories such as the "runaway bride" [CNN.com report; interview on coverage with CNN president Jonathan Klein; Columbia Journalism Review blog post] and the Michael Jackson trial [CNN.com special report] at the expense of important matters such as the genocide allegedly taking place in the Darfur region of Sudan [CNN.com International special report], where a two-year conflict has killed 180,000 people and displaced some 2 million refugees. According to the study [overview and methodology], which looked at recent output from ABC, CBS, NBC, CNN, Fox News and MSNBC, the major news networks devoted 126 news segments to the Sudan situation in June 2005, but in the same month devoted 485 segments (four times as many) to the Georgia "runaway bride" case and an overwhelming 6248 segments (50 times as many) to the Michael Jackson trial. The study also noted that in the same month another popular news story about the engagement of actor actor Tom Cruise to actress Katie Holme got 12 times more coverage than the Darfur crisis. BeAWitness.org, a partnership between the American Progress Action Fund and the Genocide Intervention Fund [advocacy website], is urging Americans to press major television networks to "be a witness" to genocide so that people and governments will be informed and inclined to act to stop it. Media critics have suggested that stories like the "runaway bride" in particular testify not to correct standards of civically-responsible journalism, but rather to the mass media need to get high ratings and "pay the bills" [Atlanta Journal Constitution report]. Civilrights.org has more.
For the record, here is the balance of legal news stories reported by JURIST's Paper Chase over the same month as the APF survey:
Runaway bride - 0 Michael Jackson trial - 1 Sudan/Darfur crisis - 29 [for highlights, see JURIST's Darfur news archive]


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States brief ~ WI Supreme Court extends risk theory to lead paint manufacturers
Rachel Felton on July 15, 2005 3:02 PM ET

[JURIST] Leading Friday's states brief, the Wisconsin Supreme Court today extended [decision text] the "risk contribution theory" to lead paint manufacturers and allowed the suit of a 15-year old boy who can't prove which manufacturer produced the paint that may have injured him to continue. Risk contribution theory allows those who can not trace their injuries to a specific company to still collect damages if they can prove a product was dangerous, it created their injuries, the defendant marketed or produced it, and negligently produced or marketed it. Sherwin-Williams Co. [corporate website], E.I. DuPont De Nemours and Co. [corporate website], and American Cyanamid Co. are among the Defendants. AP has more.
In other state legal news ... - The Washington Supreme Court has struck down [text] an attempt to force a voter referendum on a bill passed by the legislature which reduced the number of votes needed for any legislative action that raises state revenue or requires revenue-neutral tax shifts. The court ruled the bill [text] was not subject to a referendum because it contained a valid emergency clause, and Justice Charles Johnson wrote for the majority, "The Washington Constitution and our jurisprudence dictate that the Legislature may suspend the right of the people to order a referendum on a bill where the bill is necessary for the immediate preservation of the public peace, health or in support of the state government and its existing institutions." By allowing legislative action that raises state revenue or requires revenue-neutral tax shifts to pass by a majority vote in each house, the bill amends I-601, passed by voters in 1993, which requires that such measures be approved by a two-thirds majority of each house. The bill is effective for legislation enacted through June 30, 2007. AP has more.
- The Wisconsin Supreme Court has ruled [text] that evidence can not be used against murder suspect Matthew Knapp because he was intentionally not advised of his Miranda rights. In 2003, the court threw out the same evidence [decision text] by finding an intentional violation of the suspect's rights against unlawful search and seizure, but in a related case the US Supreme Court ruled the evidence was admissible even without a Miranda warning because the suspect voluntarily gave police a statement. For the majority Justice Louis Butler wrote, "When law enforcement is encouraged to intentionally take unwarranted investigatory shortcuts to obtain convictions, the judicial process is systematically corrupted." Dissenter Jon Wilcox said the state constitution [PDF text] and US constitution are similar enough on rights against self-incrimination to prevent the state Supreme Court from departing from US Supreme Court interpretations. Wisconsin's Watertown Daily Times has more.


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International brief ~ Zimbabwe reauthorizes makeshift dwellings after demolitions
D. Wes Rist on July 15, 2005 1:20 PM ET

[JURIST] Leading Friday's international brief, Zimbabwe Local Government and National Housing Minister Ignatius Chombo admitted to reporters today that reconstruction plans announced by Zimbabwean President Robert Mugabe [Wikipedia profile] would be incapable of meeting the housing needs of individuals made homeless by "Operation Murambatsvina" (the African term sometimes translated "Operation Restore Order" or "Operation Drive Out Rubbish") [Wikipedia backgrounder] in time for the August 31 resettlement deadline that the Zimbabwe government [official website] had set. Chombo announced that while construction was occurring, it was not on pace to meet the housing demand, so the government was granting individuals license to build their own housing, though these plots would have no access to water or sewer facilities. Chombo also said that the goverment was granting individuals the right to occupy land and build makeshift dwellings, the same kind of dwellings demolished by police under Operation Murambatsvina. JURIST's Paper Chase has continuing coverage of Zimbabwe [JURIST news archive]. ZimOnline has local coverage.
In related news, South African President Thabo Mbeki [official profile] has pledged his support to relief efforts organized by the South African Council of Churches [official website], in what was his first public critique of Operation Murambatsvina [Wikipedia backgrounder]. SACC President Russel Botman said that Mbeki, who declined to make a public statement following his meeting with the SACC, has pledged government support for the SACC relief efforts focused on individuals made homeless by Mugabe, even though the SACC was merely seeking to inform the government of their intent, and had not asked for funding. Botman said that he and Mbeki had another meeting scheduled for the end of next week, when the report by UN Special Envoy Anna Kajumulo Tibaijuka [official profile] is due to be made public. South Africa's Mail & Guardian has local coverage.
In other international legal news ... - During peace talks between Aceh rebels and the Indonesian government [official website], the spokesperson for the Free Aceh Movement [Wikipedia profile], Bakhtiar Abdullah, has called for the creation of an international war crimes tribunal to investigate crimes against humanity and war crimes allegedly committed by Indonesian military personnel in the northern Indonesia province. The demand comes only days after the UN and numerous international rights groups called on Indonesia to allow the creation of an international war crimes tribunal [JURIST report] for East Timor. Indonesia has repeatedly refused [JURIST report] to permit an international tribunal the right to prosecute its military personnel, claiming that its own human rights courts are sufficiently pursuing any valid human rights abuses. JURIST's Paper Chase has continuing coverage of Indonesia [JURIST news archive]. The Jakarta Post has local coverage.
- Kenyan Justice and Constitutional Affairs Minister Kiraitu Murungi [government profile] has accused politicians of limiting the effectiveness of government prosecutors in Kenya [government website] due to consistent interference with cases. Murungi, who made the statements in a speech read aloud at a workshop on private prosecutions hosted by the Kenya Law Reform Commission, said that public prosecutors had a poor record because Kenyan politicians continually interfered in cases where they had personal or professional interests at stake. Murungi announced that all prosecutions have been brought under the supervision of the Office of the Attorney General [government website], and that police prosecutors were being phased out. JURIST's Paper Chase has continuing coverage of Kenya [JURIST news archive]. Kenya's Standard has local coverage.


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Australia considers ID cards in wake of London attacks
Tom Henry on July 15, 2005 12:21 PM ET

[JURIST] Australian Prime Minister John Howard [official website] told a news conference [transcript] Friday in the wake of the London bombings that Australia should reconsider introducing a national identity card, an idea the country debated but shelved back in 1987. Howard, who opposed the 1987 plan for an Australia Card [academic paper], said circumstances had changed and the proposal should be back on the table. Last month British lawmakers narrowly backed a national ID card plan [JURIST report] in a first step towards the use of biometric technology in fingerprint, face, and iris recognition, a plan not seen in Britain since just after World War II. Though there has never been a major peacetime terror attack on the Australian homeland, its Jakarta embassy was bombed in 2004 [BBC report], 88 Australians were killed in the 2002 Bali bombings [Wikipedia backgrounder], and one Australian Friday died of wounds [SBS report] suffered in the London bombings last week. Reuters has more.


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UN to re-open anti-terror treaty negotiations
Krista-Ann Staley on July 15, 2005 11:22 AM ET

[JURIST] Negotiations over a global anti-terrorism treaty get under way again the week of July 25, according to Mohamed Bennouna, chairman of the UN General Assemby's treaty-writing (Sixth) legal committee. Earlier this month G8 leaders called for early agreement [JURIST report] on a draft of the Comprehensive Convention on International Terrorism [PDF proposed text], which has been stalled in the legal committee for nine years over the definition of "terrorism," in reaction to the recent terror attacks in London. UN Secretary-General Kofi Annan has also pressed for an agreement, urging "I think a simple, clear definition that gets across the message that killing of innocent civilians or noncombatants, regardless of one's cause, is terrorism pure and simple, will suffice." It is unclear whether the definition would apply to the US invasion of Iraq. Reuters has more.


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US prison general contradicts Abu Ghraib testimony
Tom Henry on July 15, 2005 9:55 AM ET

[JURIST] US Army Gen. Geoffrey Miller [Wikipedia profile] has made contradictory statements regarding his interactions with high-level Pentagon officials on the Abu Ghraib scandal, according to Friday's Chicago Tribune. In May 2004 Miller, a former Guantamao commander later transferred to Abu Ghraib, told the US Senate Committee on Armed Services [official website] that he had simply filed a report on a recent visit to the Abu Ghraib facility, and had not spoken to Defense Secretary Donald Rumsfeld [White House profile] or his top advisors about the investigatory trip. Three months later, in a recorded statement to attorneys, Miller said he briefed then-Deputy Defense Secretary Paul Wolfowitz [Wikipedia profile] and Undersecretary for Intelligence Steve Cambone about his trip and offered recommendations. If the briefing did occur it suggests that top US officials may have been more involved in overseeing prison operations and more aware of problems than previously thought. Miller, Cambone and Wolfowitz, who have all denied knowledge of detainee abuse, declined to respond to questions about the statements. The Chicago Tribune has more.


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Ex-UK defense chiefs argue against trying British soldiers for Iraq conduct
Krista-Ann Staley on July 15, 2005 9:36 AM ET

[JURIST] Britain's most senior military figures in the House of Lords Thursday assailed the UK Ministry of Defense [official website] for subjecting soldiers to litigation arising out of their conduct in Iraq. The English Attorney General, Lord Goldsmith, is shortly expected to announce charges against soldiers arising from the murder of Baha Mousa [Guardian report] and other Iraqis allegedly abused by UK personnel in September 2003. Lord Boyce, chief of defense staff during the war in Iraq, declared that potential litigation against British soldiers was harmful to "the close relationship between the commanding officer and his or her people." Boyce stated, "Our armed forces are under legal siege and are being pushed in the direction in which an order could be seen as improper or legally unsound. They are being pushed by people not schooled in operations but only in political correctness." Another former defense head, Lord Bramall, added that Britain's refusal to get an International Criminal Court (ICC) [official website] opt-out for its military, as France had done, has had harmful effects, as without the opt-out, British soldiers can be charged with war crimes in the ICC. The Guardian has more.


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Freed detainee points to racism, Iraq and Gitmo as motives for London bombings
Tom Henry on July 15, 2005 9:31 AM ET

[JURIST] Moazamm Begg [Wikipedia profile; JURIST news archive], a UK national formerly detained at Guantanamo Bay, has told the Associated Press that rampant racism in Britain, a lack of assimilation in certain communities, anger over US involvement in Iraq and Afghanistan, and conditions in Guantanamo may have contributed to the motivations of those involved in the London bombings earlier this month [JURIST report]. After Britain negotiated his release Begg, 37, came forward with allegations of torture and abuse by US personnel, claiming his captors had threatened his family, killed other prisoners, and interrogated him more than 250 times [JURIST report]. He says that conditions at the camp have lately been a major concern in Britain's Muslim community. Although the identity of the London bombers is now known, there is little evidence as yet of their actual motivations. AP has more.


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