AU Blogspot

The creation of the Criminal Justice “Study Hall” forum was inspired by one of your fellow students: Betty Ray Mydland.  The general concept behind this particular forum or “Study Hall” is to provide students in our various Criminal Justice programs with a dedicated “space” to openly discuss criminal justice program issues, lessons, topics, careers, questions, news, ideas, etc.

Thanks to Betty for this excellent recommendation. Well, the forum has been created. It’s up to our forum community to spread the word and get as many of your peers engaged as possible. I’m really looking forward to watching this Study Hall evolve. 

If you haven’t registered for the Ashworth University Student Forum yet, take a minute to do so.  It literally only takes a minute before you’re ready to join the discussion. 

We encourage all of our Criminal Justice/Legal Studies students to begin participating in this new Study Hall today!  Get involved with your student community!

Here’s the link:

Criminal Justice Study Hall Forum

Ryan Rode
Interactive Services Manager
Ashworth University

 
              Thanks to Hulagway for permission to use this Photo.

Various issues arise as the concept of surrogacy comes before the legislatures of the country.  One case that I handled for the Attorney General’s Office dealt with a surrogate mother, and is an example of how crazy surrogacy issues can become.  This lady had been hired to have a baby for a multi-millionaire.  He was not married and seemed to be tiring of his fortunes when he decided that he would like to have an heir.  The surrogate mother gave birth to a healthy little girl and the man accepted the child, made payment, and went on his merry way.  Then two months later, the man had one of his “assistants” drop the baby back off at the surrogate mother’s home with a note stating that he simply could not emotionally handle the responsibilities of being a parent. 

We received the case because the surrogate mother was now going after the biological father for child-support payments.  This was one case where our heads were spinning every time we dealt with it.  The surrogate mother never wanted to have a child of her own and was simply interested in making some money when she agreed to the surrogacy contract.  After receiving the baby back, however, she did not have the heart to give the child up for adoption, and developed an appreciation for motherhood.  The court held that the biological father DID have a duty to support the child and awarded the mother $1700 a week in support, due to the biological father’s extreme wealth. 

That case has definitely been recorded in the storybook of child support and surrogacy, as well.  It is a fun story to tell, while at the same time it illuminates how obscure the issues can become in the area of surrogacy contracts. 

Wendy Webb
Family Law Instructor
Ashworth University School of Legal Studies

    
                         Image courtesy of Missoulian.

I’m not a CJ major, but I thought all of you would find this interesting.

I am an advocate for someone that has been wrongfully incarcerated. Dateline actually made a special on his case.

Here’s a link to the MySpace page that I created for him. There are links as you scroll down that will lead you to the Dateline website to view the videos on his story.

I would encourage all of you to view the videos and decide for yourself!

Click here to check out this video.  (the page is flash for those of you with slower computers…)

Melanie
Associate Program in Paralegal Studies Student
Ashworth University School of Legal Studies

Most crimes are defined by state statutes and are prosecuted in state courts.  The others are federal crimes, prosecuted only in federal court.  Certain key items that the government must prove to show that a crime occurred are called elements.  For example, generally, a crime has been committed when two elements can be proven.  That is, a crime has been committed when a person both:       

1)  engages in a prohibited act, and       

2)  has criminal intent, or state of mind, that prompted the act.

Suppose that Jimmy Bob really doesn’t like Sammy and thinks constantly about an elaborate plan to run over Sammy with his motor scooter.  However, Jimmy Bob gets grounded, and his father sells his motor scooter.  Jimmy Bob does not forget about his plan; in fact, for months he regrets that he did not carry it out.  Although his negative emotions are strong, Jimmy Bob never acts on his hatred for Sammy.  A year later, Sammy moves to a different town.  Gradually, Jimmy Bob gets over his obsession with Sammy.  Since there was no act, no crime can be proven. 

On the other hand, suppose that Jimmy Bob and Sammy are best friends.  They do everything together and have never even spoken a harsh word to each other.  One day, while driving with extreme caution, Jimmy Bob’s motor scooter goes out of control due to a lodged gas pedal and in a cruel irony, he runs over Sammy, killing him.  Since the accident occurred without any intent, no crime occurred. 

Both the act and the intent must be present for an accused to be charged with a crime.

Karl Freedman, Esq., J.D.
Paralegal Program Instructor
Ashworth University School Of Legal Studies

The date of January 14^th, 2002 will always stick in my mind. It is the day that Derrick Todd Lee killed my next door neighbor, Geralyn DeSoto. She was the sixth victim of the man who came to be known as the Baton Rouge Serial Killer.  

I was sitting in my living room, reading a book that evening when my dog (a yellow lab named Kilo—he flunked out of drug dog training for the state because he refused to sit when he ‘hit’ on drugs) began barking at the window. I looked up from my book and noticed that red and blue flashing lights were reflecting through the window. I put Kilo on his leash and we walked outside to find numerous police cars, a fire truck, and two ambulances in the street. I did not know how I didn’t hear sirens at the time, but I later found that out as I will tell you.  

I walked to my neighbors driveway, and there I asked another neighbor what was wrong. I asked if Darrin and Geralyn were ok. He told me simply “She’s gone.” I knew that the marriage was rocky at best, since Darrin had recently began spending more and more nights away from home. When I asked what he meant, he told me she was dead. Darrin was sitting in his driveway crying, and looking at his hands. I later found out they were covered in his wife’s blood. Everyone, including the police first thought that Darrin had killed her. He was later arrested for the crime. The state police crime lab came for days on end and tore the house apart. Pieces of walls were put on a flat bed truck, with the dried blood visible when the breeze blew the tarp around that was supposed to cover them. Furniture, ceiling, fixtures…taken away piece by piece.

Of course, the crime scene tape went up…and stayed up for the summer. It was as one police officer I spoke to put it “The first and most shocking murder the area has seen in a LONG time.” It’s West Baton Rouge Parish, the smallest parish in Louisiana, and the most we usually see is a death from a DUI. Now my neighbor is brutally murdered in her home?  

As information began to flow, I was sickened. It was released that she had died sometime that afternoon. That meant that when I came home from work about 4:30pm she was already gone. Inside her home, dead…right next door. After her husband was released on bond, each time he came to the house he was escorted by police. That was not fun to see when I can home. 

I had messages from police on my machine, I had notes on my door, I had business cards from detectives and even the FBI. I was working for the state as a Correctional Officer at the time, so I had to report the crime that happened next door. What if the guilty party was sent to the prison where I worked? It was a roller coaster to say the least. 

I talked to the prosecution, I talked to the defense, I talked to the task force and even had to shoo some reporters away from my home.  

Darrin was eventually cleared of the crime, but he moved back to whatever small town he was originally from, and what left of Gerlayn’s trailer was towed away. The area stayed empty for a good while, a blank spot where a lovely and wonderful woman once lived.  

Many months later, as I was watching the nightly news a report threw my life back into turmoil. A photo was shown and the anchor reported that Derrick Todd Lee had been matched by DNA to the murder of numerous women, one of whom was Geralyn. I almost pissed myself. Not because she was the victim of a serial killer……but because I HAD SEEN HIM. I COULD PLACE HIM THERE THE OCTOBER BEFORE. 

That was a sunny and warm October afternoon, and I had put Kilo outside on his tie out to play, and I was preparing to plant some flowers. I had gone inside to change from my uniform to something else, when I heard him go crazy. Thankfully, I had only taken off my shoes, the rest of the uniform was still on. I opened the door, and there was a large slightly out of it looking black man a few feet from my door wearing khaki pants and a blue button down shirt. Kilo was doing everything in his power to get off of that tie out and from the looks of things, kill that black man. This is the dog who thought everyone was his best friend, and I had never even heard him BARK before that day. But here he was looking like a vicious mad dog. The black man told me he was selling alarm systems, and was I interested. I pointed at the dog and told him “That is my alarm system. I think you should leave now.” And thankfully, he did. I didn’t realize it at the time, by why would someone selling alarm systems be going door to door, on foot, with no briefcase, folder, or other paperwork????  

The night I saw the news report, I realized that Derrick Todd Lee stood on my front yard. He came close to knocking on my door. Could it have been me???? 

I dug up the pile of old business cards and called the FBI office in Baton Rouge, and as calmly as I could, informed them that I live next door to where Geralyn was killed, I just saw the report about Derrick Todd Lee’s DNA match……..and he was here last October. The next day, the FBI was back. I had to look at photos, go through the deposition process……and was subpoenaed to testify at the trial.  

Through the whole process I learned that Lee most likely had stalked Geralyn from LSU, where she was taking a few classes the fall before. He had been allegedly working at plant not far away, and as of about 1pm the afternoon she died, he was at a fast food place down the highway. I think that Geralyn being the nice person she is, most likely opened the door and let him in. She would have been one of few people home that day, she was neither working nor going to school at the time. But she and I lived toward the back of the street…..so once again….why her? 

I watched with the rest of the State as the verdict came back guilty, after less than 2 hours of deliberation. I cheered when the Warden of Angola (the State Maximum Security Prison) was on hand to take custody of Lee after the proceedings were over.  

Kilo died that winter. I was home early and sick, and when I took him out for a walk….something caught his attention and I was not strong enough to hold on to the leash. He got loose and was hit by an 18 wheeler on the river road. I buried him that afternoon where he lay in the ditch. To this day, I credit him with possibly saving my life. What did he know about what took place on January 14^th, 2002???? 

Why write this now? I have finally gotten a new dog, another yellow lab. I hope she never has to protect me. But it brings back memories of the dog who KNEW without a doubt, that the man in the blue shirt was EVIL. 

Derrick Todd Lee sits in a cell on death row, awaiting his execution. I have included a link to a great site about him and the case. 

http://www.crimelibrary.com/serial_killers/predators/derrick_todd_lee/index.html

Jamye
Associate Program in Paralegal Studies Student
Ashworth University

When it comes to fighting what are alleged to be court sanctioned injustices carried out through wrongful convictions, The Innocence Project is without question the most influential, well organized, and successful criminal defense organization in the world.  The majority of cases they take on involve crimes where DNA testing has put into question and sometimes completely invalidated the evidence used to convict someone of a violent crime.  In many cases, they defend those who are facing serious hard time, often life imprisonment, and who don’t have the financial resources to even get their voices heard by the court. I must also stress that this group is not without its’ detractors.  As you can imagine, many of the victims’ families are convinced that these men are guilty as charged.  Even in the face of new DNA evidence that was not available at the time of the trial, some family members still and perhaps will always remain unconvinced. 

From my perspective, one has to review these cases on a case by case basis—and refrain from generalizing about what this organization’s true contributions are to criminal justice and/or injustice.  In this video, you’ll hear the story of Ronald Clarke, a man who spent 24 years in prison on a robbery, kidnapping, and rape conviction.  Mr. Clarke was later exonerated due to The Innocence Project’s tireless work to have his conviction overturned on the basis of DNA evidence.  It’s a touching story.  We look forward to hearing your comments on the blog.  Take care…

Ryan Rode
Ashworth University School of Legal Studies

          Thanks to lucas chimello simoes for permission to use this Photo. 

We assume that because we have a justice system, it is “systematic.”  By that we mean, using the machine as a model, we expect that all parts work together toward a common result.  We assume that we are all in agreement and meshing in a well-oiled way at all levels and functions of the system.  We assume a consensus model, which we’ll examine below.  Of course, a little observation quickly derails this concept.  We know that there are pervasive conflicts in our way of doing justice.  In fact, it was designed to be an adversary system, not a consensus system; therefore, we are often forced into conflict. 

At the legislative end of the system, the great debates over drugs, guns, abortion, the death penalty, technology, security, and a host of other concerns, are routine.  Budgets are fought over.  Policies are implemented, defeated, and changed.  At the judicial end, the same arguments rage throughout the highest courts and into the lowest.  In the executive branch, where police and prosecution functions occur, the policies and decisions of the other branches of government can be resisted, disregarded, challenged, and otherwise put down.  In corrections, errors in policies, prosecution, and enforcement become painfully apparent. 

There are little empires to be protected and turfs to be safeguarded within our “system” of justice.  There is a lack of cooperation, and often there is secrecy between agencies and subcomponents.    

Remember, justice is not fairness.  What we get out of the non-system is not only unfair at times, but may also be unjust.  Errors are made, biases interfere with good judgment, and ideologies warp the outcome of trials and prosecutions.  I don’t think the system is a disaster, but I do think we must strive for the best possible outcome based on the ideal.

Dr. David Struckoff, Ph.D.
Criminal Justice Instructor
Ashworth University School of Legal Studies

 
              Thanks to Mike Warren for permission to use this Photo.

Many of you may not know who Anthony Bell is, but he is creating quite a scene here in Louisiana. After much consideration, he was allowed to represent himself in his murder trial, despite several psychologists determining his IQ is BELOW 75.  He’s in that Forrest Gump range.

Now, Anthony Bell is making death threats to prosecution witnesses, and changing his mind daily as to whether or not he wants to continue to represent himself. 

The 911 call placed after the murders he stands accused of shows Bell stating “I didn’t mean to kill her”.  

So my question to the masses is……can justice be done with this situation?

I know each citizen has the right to represent themselves…..but when does the court determine that it would be against the defendant’s best interest to do so? 

So much about this trial makes me shake my head and wonder.

Jamye
Associate Program in Paralegal Studies Student
Ashworth University

 
              Thanks to celinecelines for permission to use this Photo.

In this book, Professor Ewing tackles the most complex of all legal/psychological issues: the insanity defense. It has been employed thousands of times, but there is still little understanding by lawyers and psychologists of its proper use.

By analyzing some of the most well-known insanity cases in legal history, this book sheds light on the particularities of this defense; when it is successful, and when it is a sham. The casebook is an established format in which to illuminate legal questions, and yet no such book exists yet for this topic. Professor Ewing will examine 20 of the most influential and controversial insanity cases, from the recent D.C. sniper trial to Jack Ruby’s failed plea in his trial for the assassination of Lee Harvey Oswald.

The cases are all carefully chosen to illuminate different ways in which the courts have handled this defense. Throughout, the author will add his own analysis of the cases and the reasons for the verdict. (more…)

                 Thanks to Dan Buck for permission to use this Photo. 

I received the following e-mail twice yesterday from a supporter of the
West Memphis 3.

To Whom It May Concern:

I’m a little curious to know why you’re so adamant about the guilt of the
West Memphis Three? Especially after the lack of DNA evidence. I grew up in
Memphis and remember very vividly when the crime took place. The way the news media handled the case was ridiculous, and every southern baptist idiot within 200 miles was saying “obviously these are the guys who did it”.

Can’t you at least admit they didn’t get a fair trial? I understand you don’t want to be labeled a “follower”, but sometimes being a stubbornly obtuse contrarian can be even worse. What do you have against Natalie Maines anyway? If you’re still a Bush supporter, that might go a long way toward answering ALL of my questions.

I find this e-mail kind of ironic because the whole basis of the West Memphis 3 movement is that the WM3 were allegedly judged unfairly yet Mr. O’Bryan goes on to make a lot of judgments himself, but I digress.

Like I’ve said before I’ve been writing about school shootings for going on 8 years now. Over the years I’ve developed sort of a profile of school shooters. Damien Echols and company fit that profile to a T. Also like I’ve stated before if the WM3 were born 10 years later they would have been school shooters instead of child killers. Do I say that because they dressed in black and listened to heavy metal? No, because that describes me at the they were when they were convicted. Hell, it describes me now except now my black clothes are a suit and tie instead of an Iron Maiden T-Shirt and I’ll be metal until the day I die.

Can I admit that they didn’t receive a fair trial? No I can’t. I believe the movies and books made about them were heavily biased. The authors and filmmakers already had their goal in mind when they started. Not only that but they left a lot out of the whole story from their respective works.

As far as the DNA evidence or lack there of goes it proves nothing. The flip side to none of their DNA evidence being found at the scene is that Mark Byers’ DNA wasn’t there either. For years the WM3 supporters have called for the head of Mark Byers claiming that he was the one that actually committed the murders. I could then say that since his DNA evidence wasn’t there that he couldn’t have committed the murders either. Let’s not forget that their bodies were found in a creek which could have washed away any DNA. (more…)