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Muddling Through

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Member since: Fri Jun 13, 2014, 06:54 AM
Number of posts: 18,858

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Lessons from the California court ruling campus sex assault hearing 'unfair'

It looks like the adults are back in charge and making decisions based on facts and the law:

"California Judge Joel Pressman ruled Wednesday that the University of California, San Diego's sexual assault hearings are "unfair." The number one takeaway from the court's ruling is that due process matters when adjudicating felonies. Beyond that, the ruling will no doubt be used in future cases brought about by accused students.

The Los Angeles Times suggested the ruling "could ripple" across the United States. Activists fighting for draconian sexual assault policies are no doubt frustrated by the ruling. Fatima Goss Graves, vice president of the National Women's Law Center, told the Times that the ruling was an outlier.

That's not accurate, however. There have been many lawsuits brought by accused students over the past few years — some have been favorable to the accused students and some have been favorable to the universities. In November 2014, Swarthmore College settled with an expelled student after a lawsuit was filed. In February, the University of Colorado settled with a student. There have been many other cases in which the university settled before a judge was able to rule."

Balance of article follows at link:
Posted by Muddling Through | Sat Jul 18, 2015, 12:29 PM (3 replies)

Judge tosses bid for probe of prosecutor in Ferguson case

Well, I'm sure someone will have a sadz over this development.

ST. LOUIS (AP) — A judge has tossed out a push by activists for an independent investigation of a prosecutor's handling of grand jury proceedings in the Ferguson police shooting of Michael Brown, ruling that the effort was "not only logically flawed but contrary to the principles of our criminal justice system."

St. Louis Circuit Judge Joseph Walsh III, in a 10-page ruling filed last Thursday, wrote that he reached "the inescapable conclusion" that St. Louis County prosecutor Robert McCulloch "faithfully performed his duty" in connection with the grand jury, "even though some other person may have made the presentation to the grand jury in a different manner."

The grand jury in November declined to indict white Ferguson police officer Darren Wilson in last August's shooting death of 18-year-old Brown, who was black and unarmed. A U.S. Justice Department probe also cleared Wilson, who has resigned.

During two hearings on the matter since April, Walsh had telegraphed his inclinations to reject the lawsuit seeking a special prosecutor to review McCulloch's handling of the grand jury.

An attorney for the activists, Maggie Ellinger-Locke, said Monday her clients would challenge Walsh's ruling to a Missouri appellate court.
Posted by Muddling Through | Mon Jul 6, 2015, 04:43 PM (45 replies)
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