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Legal news from Friday, October 26, 2012 |
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Tennessee appeals court upholds state voter ID law
Dan Taglioli on October 26, 2012 2:39 PM ET

[JURIST] The Tennessee Court of Appeals [official website] rejected [opinion, PDF] a challenge to the state's voter identification law [SB 16, PDF] Thursday while upholding the validity of Memphis public library cards as acceptable forms of voter ID. The state had argued that the Memphis library is not an entity of the state as defined in the law as an approved provider of acceptable forms of photo ID. In examining the intent of the legislature the court ruled that allowing such local government entities to produce voter IDs is consistent with and furthers the goals of the legislation, and ordered that Memphis library cards immediately begin to be accepted at Tennessee polling places. The three-judge panel then upheld the constitutionality of the voter ID law over larger arguments that it represents an undue burden on individual voters under the Tennessee Constitution [text, PDF]:The legislature has determined, pursuant to its authority to secure the integrity of elections, that requiring photographic identification will advance the state's interest in preventing in-person voter fraud. We agree that the requirement bears a substantial relation to the state's interest. ... Showing a photo ID is not a significant intrusion or burden. ... The photographic identification requirement, in the context of the statutory scheme, serves the State's interest in the integrity of elections in the least intrusive manner possible. The court also rejected arguments that the ID requirement constitutes an Equal Protection [Cornell LII backgrounder] violation akin to a poll tax, holding that the fees required for documentation to obtain a photo ID are not tied to voting in that such documents, such as a birth certificate, have "independent value separate and apart from voting." Secretary of State Tre Hargett [official website] praised the decision to uphold the law but announced that the state would appeal the library card order [AP report] to the Tennessee Supreme Court [official website], effectively putting the order on hold pending further appeal.
The issue of voting rights [JURIST backgrounder] remains a contentious issue in the US, particularly in the run-up to the 2012 presidential election. At least 30 states have passed laws [NCSL backgrounder] that require voters to present some form of ID at the polls. Earlier this month the Pennsylvania Commonwealth Court [official website] issued a preliminary injunction [JURIST report] preventing Pennsylvania's new voter ID law [HB 943 materials] from taking effect before the upcoming election. That same week Mississippi Attorney General Jim Hood [official website] announced that his state's voter ID law will not take effect [JURIST report] before the November election. Also this month the US District Court for the District of Columbia [official website] ruled that South Carolina's new voter ID law [A27, text] does not discriminate against racial minorities [JURIST report], paving the way for the law to take effect next year.


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Berlusconi sentenced to 4 years for tax fraud
Michael Haggerson on October 26, 2012 1:49 PM ET

[JURIST] Former Italian prime minister Silvio Berlusconi [BBC profile; JURIST news archive] was found guilty of tax fraud [judgement, PDF, in Italian] on Friday and sentenced to four years in prison on charges that his media empire Mediaset [corporate website, in Italian] purchased television rights for US movies through offshore companies and falsely declared the costs on its taxes. The prosecutors had asked for a sentence of three years eight months [JURIST report], but the four-year prison term was reduced to one year because of an amnesty law passed in 2006. Both the prison term and a ban on taking political office will not take effect until all of his appeals are exhausted [BBC report]. In addition to Berlusconi, 10 other individuals were on trial. Three individuals were acquitted, including the Mediaset chairman, three were found guilty along with Berlusconi and four were released because the statute of limitations had run. Berlusconi and his co-defendants were also ordered to pay 10 million euros (USD $12.9 million) in damages. Berlusconi stated that the verdict was the result of judicial harassment. Because of the statute of limitations and the fact that the case took six years to complete and two levels of appeals remain, Berlusconi is unlikely to ever serve his sentence.
Berlusconi, who stepped down as prime minister last November, has been a defendant in nearly 50 cases but has never served a single prison sentence due to either successfully appealing or having the statute of limitations on the charge expire. In addition to the tax fraud charges, he is also facing charges of publicly releasing private wiretaps, embezzlement and paying for sex with an underage prostitute [JURIST reports] and abusing his power by having the police release her. In January 2011 the Italian Constitutional Court held hearings and subsequently struck down [JURIST reports] portions of a immunity law backed by Berlusconi that would have granted the premier and other public officials temporary amnesty from any charges while holding office.


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ICC: Kenya must fully cooperate in post-election violence investigation
Michael Haggerson on October 26, 2012 12:48 PM ET

[JURIST] International Criminal Court (ICC) [official website] Chief Prosecutor Fatou Bensouda [official profile] expressed concern [press release] on Thursday that Kenya's government had delayed in turning over evidence to the ICC regarding the country's 2007-08 post-election violence [JURIST news archive]. Bensouda also expressed concern about witness intimidation and the "increasing climate of fear affecting those perceived to be ICC witnesses, their family members, as well as those perceived to be associated with the ICC." Kenyan government officials assured Bensouda that they would fully cooperate and would turn over the requested evidence in time so that the deadline for the final list of evidence on January 9 could be met. Bensouda stressed that the ICC was a fair and impartial body and that it was committed to bringing guilt individuals to justice:our motivation is those who are indisputably the real victims of Kenya's PEVfamilies, women, men, children and babies who have been beaten, killed, burned, raped, mutilated, and dispossessed. For them and for the sake of all Kenyans, it is crucial to break the cycle of impunity and violence. Ensuring justice and accountability can play a part. We stand ready to do our part, but we can not do it alone, it is up to Kenyans to decide to make this happen, within a strong and united Kenya. I hope I can count on Kenyans in this joint endeavour. Bensouda made this statement on the last day of the Nairobi segment of her visit to Kenya [JURIST report]. The trial of former Kenyan minister William Ruto and journalist Joshua Arap Sang [case materials] will begin [JURIST report] on April 10, 2013, while the trial of Deputy Prime Minister Uhuru Kenyatta and former civil service chief Francis Muthaura [case materials] is to begin on April 11, 2013.
Bensouda was sworn in as ICC Prosecutor [JURIST report] in June. That month the ICC expressed its desire to start the two Kenyan trials simultaneously [JURIST report] to avoid any appearance of bias in the March 2013 presidential election. In May the appeals chamber of the ICC rejected [JURIST report] the jurisdiction challenges in the two cases presented by the defense, clearing the way for trial. The defense lawyers had argued that the court lacks subject matter jurisdiction over the cases. The appeal stemmed from the pre-trial chamber's decision to confirm the charges [JURIST report] against the four men in January. The ICC claimed jurisdiction over the case despite Kenya's calls for dismissal [JURIST report]. The Kenyan government argued that it was capable of prosecuting the accused men domestically.


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Fifth Circuit upholds ban on handgun sales to people under 21
Cynthia Miley on October 26, 2012 7:30 AM ET

[JURIST] The US Court of Appeals for the Fifth Circuit [official website] on Thursday unanimously upheld [opinion, PDF] a ban restricting federally licensed firearms dealers (FFLs) from selling handguns to people under the age of 21. The restrictions were codified in sections of 18 USC § 922 [Cornell LII backgrounder], which passed as part of the Omnibus Crime Control and Safe Streets Act of 1968 [text, PDF]. The National Rifle Association (NRA) [advocacy website] challenged the statute and related regulations on two counts: first, that the ban violates Second Amendment [text] rights in light of the US Supreme Court [official website] holding in District of Columbia v. Heller [opinion, PDF; JURIST report], which prohibited the District of Columbia from banning private handgun ownership, and second, that the ban violates equal protection [Cornell LII backgrounder]. The Fifth Circuit found that the statute passed an intermediate scrutiny test:We find that the government has satisfied its burden of showing a reasonable means-ends fit between the challenged federal laws and an important government interest. First, curbing violent crime perpetrated by young persons under 21by preventing such persons from acquiring handguns from FFLsconstitutes an important government objective. ... Second, Congress selected means that were reasonably adapted to achieving that objective. Congress found that the ease with which young persons under 21 could access handgunsas opposed to other gunswas contributing to violent crime, and also found that FFLsas opposed to other sourcesconstituted the central conduit of handgun traffic to young persons under 21. Congress, in turn, reasonably tailored a solution to the particular problem: Congress restricted the ability of persons under 21 to purchase handguns from FFLs, while allowing (i) 18-to-20-year-old persons to purchase long-guns, (ii) persons under 21 to acquire handguns from parents or guardians, and (iii) persons under 21 to possess handguns and long-guns. The judge also rejected the equal protection claim, finding that the laws were rationally related to a legitimate state interest. The case was originally brought in the US District Court for the Northern District of Texas [official website], where Judge Sam Cummings dismissed [opinion, PDF] the NRA's challenge in September 2011.
Challenges of state gun laws have been met with mixed success. In March a judge for the US District Court for the District of Maryland ruled [JURIST report] that a portion of Maryland's handgun permit law was unconstitutional because it violated the Second Amendment. Judge Benson Everett Legg ruled that the law limited individuals' rights to obtaining a permit by requiring a "good and substantial reason," and that the requirement was not reasonably adapted to a substantial government interest of public safety or crime prevention. In July 2010 Chicago citizens filed suit [JURIST report] against the city's gun control ordinance claiming it was unconstitutional. The law was approved [JURIST report] just four days after the Supreme Court ruled in McDonald v. Chicago [opinion, PDF; JURIST report] that the Second Amendment applies to states and municipalities as well as the federal government. The regulations were upheld [JURIST report] by a federal judge who cited Heller, holding that the Second Amendment does not prohibit regulation of firearms where that regulation will "effectuate the goal of promoting public safety."


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