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August 24, 2010
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Legal News From Across The State

In The Detroit News: "Legislators should revise law on pot and driving; Statute makes criminals out of too many people."

The editorial states "The Michigan Supreme Court has brought the drug war to the highways. That's not a good place for it. Traffic laws should not be used to entrap users of illegal drugs. But ruling in two traffic cases, a majority of the justices opened the door for that by saying a trace element of marijuana in any driver's body, regardless of whether it has an influence on the ability to drive safely, is sufficient for a conviction of an impaired driving violation. The ruling also said the driver does not have to know he or she is legally under the influence of a prohibited drug."
detnews.com/apps/pbcs.dll/article?AID=/20060628/OPINION01/606280304/1008
Also see The Town Hall/Washington, DC: "Impaired reasoning." townhall.com/opinion/columns/alanreynolds/2006/06/28/202915.html

In The Detroit Free Press: "Judge won't take bull from angry ticket payer." "Sticking it to the Man isn't Rob Militzer's style. Nor was it his intention when he penned three words in protest of a parking ticket earlier this month. And yet, as fate would have it, his antiauthoritarian sentiments landed him in the crosshairs of a judge who took offense to the words 'bullshit money grab' that Militzer wrote in the memo section of the personal check he sent to cover the $10 fine."
freep.com/apps/pbcs.dll/article?AID=/20060628/NEWS05/606280418/1005/NEWS

Also in The Detroit Free Press: "Contempt of court fees would rise under proposal." "Prompted by the persistence of an Oakland County Circuit Court judge, state Rep. David Law announced Tuesday that he plans to introduce legislation that will steeply increase penalties for contempt of court. House Bill 6271 is the culmination of months of effort by Judge Michael Warren who, in his 3 ½ years on the bench, has earned a reputation for enforcing contempt laws on people he knew lied under oath or otherwise violated court rules." freep.com/apps/pbcs.dll/article?AID=/20060628/NEWS03/606280417/1005/NEWS

Also in The Detroit Free Press: "Wayne Co. to demolish old juvenile center; No plans yet for Detroit property once it's razed."

"Wayne County has decided to demolish its former juvenile detention facility, which has deteriorated into an eyesore and a magnet for garbage since its closure in 1999, making residents who live in a nearby housing complex feel unsafe." freep.com/apps/pbcs.dll/article?AID=/20060628/NEWS02/606280444/1004/NEWS
Read more at courts.michigan.gov

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Did You Know?    
 
 
Mediation is a process that involves a mediator

Neutral third party who helps the disputing parties achieve a resolution that satisfies both of them. The mediator's primary function is to create constructive communication between parties and provide a forum where disputants can create a mutually satisfactory agreement. Mediators do not impose decisions; instead, they help people craft solutions that will work for them.

 


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Legal Terms

 


Today's Terms

Prejudicial evidence

Definition:
Evidence which might unfairly sway the judge or jury to one side or the other. For example, photographs of a gory murder scene might inflame a jury without providing useful evidence. May be excluded in criminal cases if prejudicial effect outweighs probative value.

Due process

Definition:
The guarantee of due process requires that no person be deprived of life, liberty, or property without a fair and adequate process. In criminal proceedings (as well as juvenile) this guarantee includes the fundamental aspects of a fair trial, including the right to adequate notice in advance of the trial, the right to counsel, the right to confront and cross-examine witnesses, the right to refuse self-incriminating testimony, and the right to have all elements of the crime proven beyond a reasonable doubt

Hearing de novo

Definition:
A full new hearing.

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