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Legal news from Friday, November 9, 2012 |
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Washington voters approve same-sex marriage
Dan Taglioli on November 9, 2012 2:09 PM ET

[JURIST] Opponents of Washington's new law [SB 6239, PDF] legalizing same-sex marriage [JURIST backgrounder] conceded defeat Thursday in their efforts for a referendum veto. Referendum 74 [text] gave Washington voters the choice to accept or reject the state same-sex marriage legislation, which was signed [JURIST report] into law by Governor Christine Gregoire [official website] in February. While the referendum was too close to call [Seattle Times report] for most of the week, the measure to legalize same-sex marriage finally passed with approximately 52.55 percent [materials] of the statewide vote. With Maine and Maryland, approval of the legislation now makes Washington the third state this week [JURIST report] to legalize same-sex marriage, and the ninth state overall, including New York, Massachusetts, Connecticut, Iowa, Vermont, New Hampshire and the District of Columbia [JURIST reports].
In June Preserve Marriage Washington [advocacy website] presented more than 200,000 referendum signatures to put Referendum 74 on the ballot, submitting the signatures and thus suspending the legislation one day before [JURIST reports] the law was scheduled to take effect. Gregoire signed the legislation less than a week after the state House of Representatives approved the bill, subsequent to the Senate having passed [JURIST reports] it two weeks before that. Gregoire has been a consistent advocate for gay rights during her tenure as governor. In April 2011 she signed a bill [JURIST report] that recognized as legal same-sex marriage licenses from other states. In March 2007 Gregoire signed legislation [JURIST report] that recognized domestic partnership status for same-sex couples.


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Supreme Court affirms stay of execution for Pennsylvania inmate
Sarah Steers on November 9, 2012 1:37 PM ET

[JURIST] The US Supreme Court [official website] affirmed [order list, PDF] a stay of execution late Thursday night for Pennsylvania inmate Hubert Michael. The Supreme Court's decision affirms the 14-day stay of execution [Philadelphia Inquirer report] allowed by the US Court of Appeals for the Third Circuit [official website] earlier on Thursday. The Third Circuit also requested that US District Judge John Jones III, a judge for the US District Court for the Middle District of Pennsylvania [official website], explain his decision to allow Michael further appeals pursuing his stay of execution after initially denying the petition. In Michael's challenge [text] to Jones' initial refusal, Michael outlined information he needed to pursue overturning his death penalty sentence:
In addition to setting forth reasons supporting his request for access to interviews with the professionals identified in his previous motion, this petition also requested that Applicant be granted access to information concerning him provided to the Board of Pardons by the common pleas court, the Department of Corrections, and others; that Applicant's counsel be permitted to interview current and former corrections officers in preparation for the clemency hearing; that the hearing be stayed until these requests were accommodated; and that Applicant's execution be stayed to ensure a fair and meaningful hearing. Michael was convicted for the 1993 kidnapping and murder of 16-year-old Trista Eng.
US opinions on the death penalty [JURIST news archive] remain mixed. Earlier this week California voters rejected [JURIST report] Proposition 34, which would have repealed the practice in the state. In the wake of Connecticut's repeal of the death penalty [JURIST report] last April, Hotline contributor Ben Jones argued [JURIST op-ed] that "frustration with the practice had been growing for years." Connecticut became the seventeenth state to abolish the death penalty and the fifth to do so in the past five years. New Jersey, New Mexico, New York and Illinois [JURIST reports] have all recently eliminated the death penalty, while 34 states retain its use.


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Madoff employee pleads guilty to falsifying records
Arjun Mishra on November 9, 2012 12:47 PM ET

[JURIST] Irwin Lipkin, a former controller of Bernard L. Madoff Investment Securities LLC, (BLMIS) pleaded guilty [press release] in a Manhattan federal court Thursday to falsifying records. The full range of charges [text, PDF] to which Lipkin has pleaded guilty include conspiracy to commit securities fraud, to make false filings with the Security Exchanges Commission (SEC) [official website], and to falsify statements in relation to documents required by Employer Retirement Income Securities Act (ERISA) [DOL backgrounder], as well as a substantive count of falsifying statements in relation to documents required by ERISA. The former Madoff [JURIST news archive] employee has been accused by the FBI, Department of Labor, and the US Attorney for the Southern District of New York [official website] of working at Madoff's behest. US Attorney Preet Bharara commented:As only the third employee of BLMIS, Irwin Lipkin had a long history with Bernie Madoff, and he proved himself to be a loyal foot soldier—consistently and repeatedly breaking the law at his boss' behest, and leaving as his legacy a successor he personally taught to continue cooking the books. And the benefits went both ways—Lipkin was able to enrich himself and his family through fake trades, and no-show jobs during his tenure and thereafter. Today's guilty plea marks another step forward in our efforts to prosecute and punish anyone and everyone who we can prove participated in this breathtaking fraud. Lipkin faces a maximum sentence of 10 years in prison, as well as criminal fines up to twice the gross gain or loss derived from the offenses. The sentencing is set for March 22. As part of the plea bargain, he has agreed to forfeit $170 billion of real and personal property, which will go towards compensating the victims of Madoff's Ponzi scheme.
Lipkin is one of several former Madoff employees who have pleaded guilty to involvement in the Ponzi scheme. Madoff's brother, Peter, pleaded guilty [JURIST report] in June of this year. In March Madoff trustee Irving Picard and the owners of the New York Mets reached a $162 million settlement [JURIST report] for victims of the Ponzi scheme to avoid a trial. Former outside accountant for Madoff, David Friehling, pleaded guilty [JURIST report] to fraud charges in the US District Court for the Southern District of New York in November 2009. Madoff himself received a 150-year sentence [JURIST report]. Many of the sentences have included [JURIST report] appropriating money to victims of the scheme.


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HRW: Abused migrant women fear deportation from Belgium
Addison Morris on November 9, 2012 12:44 PM ET

[JURIST] Fear of deportation prevents many migrant women in Belgium from seeking necessary protection from domestic violence, Human Rights Watch (HRW) [advocacy website] said in a report [text, PDF] released Friday. The 57-page report, entitled "'The Law was Against Me': Migrant Women's Access to Protection for Family Violence in Belgium," found that women who immigrate to Belgium to join their spouse or partner are at risk of deportation if they report domestic violence while their residence status is being confirmed. The HRW report stated that Belgium's laws do not "protect family migrant women who flee violence when their application for family reunification is still being processed, or women whose violent spouse left the country after they sought help. Undocumented migrant women are also unable to benefit from the law." Additionally, HRW claims that these victims of domestic violence, especially those who remain undocumented, have inadequate access to shelters, limiting their ability to escape their abusers. According to the report, "the fear that reporting violence and leaving a partner may jeopardize immigration status means that migrant women who experience violence at the hand of their partners may choose to endure the abuse until they have a more secure legal status." Belgium has signed, but has not yet ratified, the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence [text], which requires countries to ensure the protection of all women regardless of migrant status.
Discrimination and violence against women continues to be a global issue. In October the UN Working Group on discrimination against women [official website] urged governments around the world to repeal laws that criminalize adultery [JURIST report]. In September HRW urged Bangladesh to reform [JURIST report] their discriminatory personal laws governing marriage, separation and divorce. In June HRW called on the Sudanese government [JURIST report] to reform its discriminatory laws and abolish both the death penalty and all corporal punishment after a young Sudanese woman was sentenced to death by stoning for adultery. In March HRW urged the Afghan government [JURIST report] to release about 400 women and girls who were imprisoned for "moral crimes," including flight from unlawful forced marriage or domestic violence in addition to "zina," which is a sexual relationship outside of marriage due to rape or forced prostitution. In July 2011 UN Women [official website] released a report examining the persistent discrimination against women [JURIST report] around the world and concluded that the rule of law does not provide adequate protection for women in practice. A month earlier a UN Special Rapporteur stated that even the US is facing continued violence against women [JURIST report], especially poor, minority and immigrant women. In May 2011 the Council of Europe (COE) [official website] introduced [JURIST report] the first international convention to combat violence against women. In the same month, UN High Commissioner for Human Rights Navi Pillay [official profile] urged Tunisia and Egypt [JURIST report] to ensure that women's rights receive constitutional protection.


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ICTY denies former Serb parliament speaker's request for early release
Endia Vereen on November 9, 2012 11:43 AM ET

[JURIST] The International Criminal Tribunal for former Yugoslavia (ICTY) [official website] on Thursday rejected [judgment, PDF] a third request for early release for former Bosnian Serb parliament speaker Momcilo Krajisnik [ICTY materials; JURIST news archive]. Krajisnik was convicted [JURIST report] in 2006 of persecution, extermination, murder, deportation and inhumane acts during the 1992-95 Bosnian Civil War [JURIST news archive]. He was sentenced to 27 years in a British prison and given credit for time served since April 2000. A report on Krajisnik's conduct in prison stated that his behavior had been exemplary and that he should be released after serving less than two-thirds of his sentence. ICTY President Theodor Meron [official profile] rejected Krajisnik's request citing the gravity of the crimes he committed:Although there is evidence that Krajisnik has been rehabilitated and that the risk of his committing a new crime once released is low, Krajisnik was convicted of crimes of a very high gravity, involving widespread displacement of the non-Serb population in Bosnia and Herzegovina, which caused great suffering. Moreover, Krajisnik will not have served two-thirds of his sentence until August 2013, and the practice of the Tribunal is to consider the eligibility of a convicted person only after he has served two-thirds of his sentence. The severity of Krajisnik's crimes was also the stated reason for the denial of his previous appeal [JURIST report].
Since his transfer to the UK, Krajisnik had previously been denied early release twice, in July 2011 and July 2010. At Krajisnik's 2006 trial, the ICTY found him not guilty on a charge of genocide for which prosecutors had requested a life sentence [JURIST report]. He was instead sentenced to 27 years imprisonment. Krajisnik was initially indicted together with Biljana Plavsic [JURIST news archive], the former Bosnian Serb president, who was sentenced to 11 years in prison in 2003 after testifying against Krajisnik. Former Bosnian Serb leader Radovan Karadzic [JURIST news archive], with whom Krajisnik worked closely, was arrested in 2008 and currently faces war crimes charges [JURIST reports] before the ICTY.


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