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Legal news from Monday, January 7, 2008 |
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US violent crime down in first half of 2007: FBI
Andrew Gilmore on January 7, 2008 6:53 PM ET

[JURIST] Violent crime rates in the US decreased by 1.8 percent between the months of January and June 2007, according to the 2007 Preliminary Semiannual Uniform Crime Report [text; press release] released Monday by the US Federal Bureau of Investigation (FBI) [official website]. In addition to the overall decrease in violent crime, the report showed a 6.1 percent decrease in forcible rape, a 2.6 percent decrease in property crime, a 7.4 percent decrease in motor vehicle theft, and a 9.7 percent drop in arson. The report also showed a 4.9 percent rise in murder rates in metropolitan counties, a 3.2 percent rise in murder rates in cities with populations between 50,000 to 99,999, and a 1.3 percent rise in murder rates in non-metropolitan counties. AP has more. The Washington Post has additional coverage.
The 1.8 percent drop in violent crime rates between January and June 2007 follows two years of increasing rates of similar crimes, including a 2006 increase of 1.3 percent and a 2005 increase of 2.3 percent. [JURIST reports]


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Sri Lanka court limits government cordon-and-search security efforts
Howard Kline on January 7, 2008 6:00 PM ET

[JURIST] The Supreme Court of Sri Lanka [official website] Monday ordered the country's government to stop cordon-and-search security operations, in which security forces cut off access to a populated area before searching and arresting residents within. Human rights groups have criticized the practice [AI backgrounder], arguing that the arrests constitute collective punishment [CW backgrounder] infringing on civil liberties and are used to punish minority Tamils for attacks by the separatist Liberation Tigers of Tamil Eelam (LTTE) [CFR backgrounder; LTTE website], or "Tamil Tigers." Court officials cited by AFP said that Monday's ruling by Chief Justice Sarath Silva, which also ordered the release of 198 people detained in a sweep last Sunday, was the first time that the court has moved to limit cordon-and-search efforts.
In August, Human Rights Watch [advocacy website] accused the Sri Lankan government of being responsible for a dramatic increase in unlawful killings and other human rights violations [JURIST report]. In June, the government, which has been fighting the Tamil Tigers since 1972, began systematically detaining ethnic Tamils until the Supreme Court ordered an end to the practice [JURIST report]. Last week, the government announced that it will withdraw from a 2002 ceasefire [AP report] with the Tamil Tigers next week. AFP has more.


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Supreme Court weighs constitutionality of lethal injection
Joshua Pantesco on January 7, 2008 12:36 PM ET

[JURIST] The US Supreme Court [official website; JURIST news archive] heard oral arguments Monday in Baze v. Rees (07-5439) [docket; merit briefs] on whether the three-drug lethal injection cocktail [DPIC backgrounder] now used in over 30 states violates the Eighth Amendment prohibition against cruel and unusual punishment. The petitioner, Ralph Baze, who was sentenced to death by lethal injection for admittedly killing two Kentucky police officers, argues in part that the Eighth Amendment is implicated in his case because lethal injections can be carried out with other drugs that may pose less risk of pain and suffering. He believes that the first drug fails to make the subject fully unconscious, thereby making the subject suffer excruciating pain when the heart-stopping drug is injected. During Monday's arguments, Justice Scalia indicated that he was in favor of allowing Baze's execution to proceed, saying that the Constitution did not require that the death penalty be "painless." Other justices, however, seemed in favor of blocking the method or allowing the lower courts to spend more time studying the specific lethal injection method.
Since the US Supreme Court accepted the Baze case in September, courts have stayed executions in Texas, Arizona, Nevada, Virginia, Georgia, Mississippi, Alabama, and Florida [JURIST reports]. AP has more.
2:59 PM ET - The transcript [PDF text] of Monday's oral arguments is now available.


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Bali bombers seeking Islamic ruling on execution by firing squad
Michael Sung on January 7, 2008 9:19 AM ET

[JURIST] Three Indonesian Islamic militants sentenced to death for their roles in the 2002 Bali nightclub bombings [BBC backgrounder] will seek a religious opinion on the legality of execution by firing squad from the Indonesian Council of Ulema, their lawyer said Monday. The three militants - Mukhlas, Amrozi, and Imam Samudra [BBC profiles] - are seeking an execution by beheading rather than by firing squad.
In a ruling made public last month but not officially handed down until last week, the Indonesian Supreme Court rejected the final appeal [JURIST report] of the three militants, giving the defendants one month to seek clemency from the Indonesian president. The militants say they will not seek clemency, and their lawyer said Monday that another attempt for a rehearing will be filed. Earlier this year, Indonesia reduced the sentenced [JURIST report] of 10 other Islamic militants convicted for their roles in the 2002 and 2005 Bali bombings [BBC report]. Originally serving between eight to 18 years, six of the militants received a sentence reduction of five months, while the other four received a reduction of two months. Terrorist group Jemaah Islamiyah [MIPT backgrounder; JURIST news archive] has been blamed for both Bali bombings. Reuters has more.


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Sierra Leone war crimes court resumes Taylor trial
Michael Sung on January 7, 2008 9:00 AM ET

[JURIST] The Special Court for Sierra Leone [official website] on Monday resumed the trial of former Liberian President Charles Taylor [SCSL case materials; JURIST news archive] with testimony from the prosecution's first witness, a Canadian expert on so-called "blood diamonds" who told the court that the diamond trade prompted Liberia's role in Sierra Leone's civil war. Proceedings had been delayed since August in order to give Taylor's new defense team [JURIST reports] more time to prepare. The trial, which first began in June 2007, is expected to last another 18 months.
Taylor faces eleven charges [indictment, PDF], including murder, rape, and the recruitment and use of child soldiers during the bloody civil war in Sierra Leone. He has previously complained that his single-court appointed defense lawyer was unfairly outnumbered [JURIST report] by the prosecution team. The criticism prompted the SCSL to add four people to Taylor's defense team and increase funding available to Taylor [JURIST report] to approximately $100,000 per month, despite a UN report that concluded Taylor may control millions of dollars [JURIST report] held in bank accounts worldwide. The trial has been moved to The Hague [JURIST report] for security reasons. BBC News has more. AP has additional coverage.


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