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MADD display spurs quiz of jurors in DUI cases
Arizona Daily Star ^ | 12/7/05 | Kim Smith

Posted on 12/11/2005 2:30:55 PM PST by elkfersupper

An annual campaign presented by Mothers Against Drunk Driving caused some concern within Pima County's Justice and Superior courts Tuesday.

MADD members spent the day next to the courthouses handing out ribbons as part of their Tie One on for Safety campaign, which aims to get people to use designated drivers during the holiday season.

At least two judges, Justice of the Peace Jack Peyton and Superior Court Judge Ted Borek, were presiding over driving-under-the-influence trials Tuesday and were forced to question jurors to see if they were tainted by the display. The jurors were asked if they saw the display, which included a crushed car and photos of DUI victims, if they spoke with anyone about it, and if they were swayed in any way.

The trials continued uninterrupted after only a handful of the jurors said they saw the car but weren't influenced by it.

Defense attorney James Nesci said the display was a "blatant attempt" to influence the judicial system, noting MADD could have held the event anywhere, anytime. "They have a First Amendment right to protest, but that right ends where the defendant's Sixth Amendment right to a fair trial begins," Nesci said.

Theresa Babich, a victim advocate with MADD, said Presidio Park was chosen because of its heavy foot traffic, not because jurors were around.

"We weren't out soliciting anyone specifically," Babich said.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Government; US: Arizona
KEYWORDS: alcohol; dui; dwi; madd; neoprohibition
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To: beaver fever

Ahh, a woman's perfume. ;-)

But that is an entirely different sort of intoxication.


221 posted on 12/13/2005 3:46:36 AM PST by Badray (Limited constitutional government means protection for all, but favor for none.)
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To: Hildy

I'm pissed because of politicians who buckle when we are the dominant party. I'm pissed because of cowards and self serving, double dealing, back stabbing politicians who will sell out the philosophy of small government, low taxes, and individual liberty and personal responsibility for another day of glowing headlines and another term in office.

The near 50 / 50 elections belie the fact that we have the better ideas. I think that we are closer to winning than ever, but I see politicians who are more interested in pandering and buying votes with tax dollars than in doing what's right.

When we emulate the Dems, the races are closer. When voters don't see a difference, why should we expect them to vote for us. We have to offer something better than "Democrat lite'.

I'm pissed because I see the Republican Party running headlong into oblivion because they won't defend principle.


222 posted on 12/13/2005 3:57:24 AM PST by Badray (Limited constitutional government means protection for all, but favor for none.)
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To: jude24
You have no liberty interest to drive drunk.

So, is .08 drunk? Or is it an arbitrary limit imposed by authorities in response to the shrillness of organizations like MADD?

223 posted on 12/13/2005 4:02:31 AM PST by VeniVidiVici (What? Me worry?)
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To: clee1

I've never understood the concept that a good cop was expected to defend a bad cop just because he was a cop too, no matter what he did. I'm not referring to actions that are taken in the heat of the moment in a violent situation that may have been handled differently and better if your life wasn't at risk. I am referring to deliberate bad acts.

The more that attitude prevails, the more bad cops there will be and the tougher your job will be.

Thank you. May God and the good guys always have your back.


224 posted on 12/13/2005 4:07:52 AM PST by Badray (Limited constitutional government means protection for all, but favor for none.)
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To: Hildy

In case you missed it. . .

Since roving patrols are about 4 times more effective in catching drunks than checkpoints, shouldn't you be opposing checkpoints and promoting patrols?


225 posted on 12/13/2005 4:13:42 AM PST by Badray (Limited constitutional government means protection for all, but favor for none.)
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To: Badray

You really do want to fight, don'tya? I agree with you. ok?


226 posted on 12/13/2005 5:50:14 AM PST by Hildy (Keyboard warrior princess - typing away for truth, justice and the American way!)
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To: saleman
That sucks. That really does. I also got hit by a guy with no insurance (an illegal), he sued me.

However, you didn't say how drunk you were. Who was driving?

227 posted on 12/13/2005 5:53:40 AM PST by Hildy (Keyboard warrior princess - typing away for truth, justice and the American way!)
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To: jude24
No it doesn't. A right that is not absolute is still a right.

You are failing to grasp the difference between privileges and rights. Trial by jury is guaranteed in the Constitution. It is a right and may not be infringed. A privilege OTOH is a favor granted to you by the state. A government funded education is a privilege; the right against self-incrimination is just that - a right.

Nowadays, when the state grants you a trial by jury for a crime with a maximum punishment of less than six months it is considered a privilege. The state may revoke that privilege at any time. The fact that they often grant the privilege does not change the fact that that is what it now is.

228 posted on 12/13/2005 6:36:11 AM PST by JTN ("We must win the War on Drugs by 2003." - Dennis Hastert, Feb. 25 1999)
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To: Hildy

No, I don't want to fight. I just wanted to be clear of your position. Checkpoints are intrusive and ineffective compared to standard policing and I couldn't understand why you were still supporting checkpoints. That's all.


229 posted on 12/13/2005 7:07:21 AM PST by Badray (Limited constitutional government means protection for all, but favor for none.)
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To: jude24
Here's further evidence that we shouldn't allow governement officials to thumb their noses at our God given rights: <

Now that the state’s gun laws have failed to stem crime (in fact they have done just the opposite) some Boston city officials are scrambling to come up with an answer. In a recent interview, Mayor Menino actually suggested that the State Police start conducting random searches at the state border.

http://www.freerepublic.com/focus/f-news/1539551/posts

By opening the door to unconstitutional random DU stops 'for the saftey of the driving public', we now have officials who see they can trample our Second Amendment rights using that same small hole in the dike.

Failing to act to protect our God given rights against overly intrusive government officals is deadly.

We have been allowed to build the greatest, kindest, most generous society that has ever existed on the face of the earth. We need to be bold in our protection of it.

230 posted on 12/13/2005 8:24:47 AM PST by Balding_Eagle (God has blessed Republicans with really stupid enemies.)
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To: BlackbirdSST

"In FACT, they are prohibited from doing so without warrant."

In FACT, you are wrong wrt warrants needed on Govt property ie: airports, courthouses, THE FRICKEN WHITE HOUSE.

Don't arrogantly assume what topics I have or don't have knowledge on Bird.

You don't like Federal/Local LASS too bad. Keep carrying thru airports/courthouses .... etc.....be a man and practice what you preach instead of hypothetically whining like all you psuedo-libertarians do...... I don't really care.

FYI I disagree with plenty in the Patriot Act....it is overly broad and oppressive.

"I'm sure you'll enlighten me further."

Not beyond this Bird.

Let's drop it as this will go nowhere but downhill.





I'm sure you'll enlighten me further. Blackbird.


231 posted on 12/13/2005 4:10:02 PM PST by jaguaretype (Sometimes war IS the answer)
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To: jaguaretype
Amendment IV - Search and seizure. Ratified 12/15/1791. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

God, some of you FReedom haters really tick me off sometimes. Read it and weep loser. I don't see, except for airports, government property, or the FRICKEN WHITE HOUSE. Just because you don't want to believe it, doesn't make it so. As for the rest of your foolishness, GRIP, get one. Blackbird.

232 posted on 12/13/2005 8:41:08 PM PST by BlackbirdSST
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To: BlackbirdSST
Blow it out of whatever bud.

You are the typical anti-gov moron that sometimes haunts these threads.

"secure in their persons, houses, papers, and effects,"

What part of those words "houses, papers and effects" is unclear as to the PERSONAL POSSESSION or DOMAIN of said items? You don't have possession of the White House, airports or MY HOUSE and your "perceived rights" will not trample over my right to be safe and secure where I and others go about their business in public places.

You seem unable to grasp the concept that our Govt is duly tasked with securing our borders & maintaining the ORDER of society and SAFETY of it's citizens. Laws are enacted to effect that safety and order and if you don't like them vote someone else in or move to your local McVeigh type anarchist utopian commune.

Read it yourself and don't even pretend to lecture me on LASS, Constitutionality of Probable Cause etc...ever, as you are not equipped to do so with the vapid jack boot anti-american generalizations you spew...

I doubt I'll spend too many more keystrokes on your type.

FReedom haters ???? LOL!!!!

Really? LOL!!! I just love enslavement:)
233 posted on 12/13/2005 10:29:05 PM PST by jaguaretype (Sometimes war IS the answer)
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To: BlackbirdSST
Do you even remember what this thread is about?

Read your DL application which you signed and note that you agreed explicitly that driving a vehicle is a privilege and not a right granted by your state. Furthermore, that by receiving that DL you agreed by signature to subject yourself to the State laws governing that privilege as enacted by your government. That would be laws re: stop signs, speed limits, unimpaired driving etc....you know....the things that lead to order and safety of the citizenry at large (not just you Bird)....and additionally the right of the PD to set up LEGALLY affirmed sobriety etc.. checkpoints.

Someone like you though probably chafes at the concept of the govt granting privileges.......anarchy all the way...you have the right to do whatever you want for you are truly free!!!
234 posted on 12/13/2005 10:55:14 PM PST by jaguaretype (Sometimes war IS the answer)
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To: jaguaretype
Do you even remember what this thread is about?

YES I do! You interjected yourself DUmmy. It's about MADD! An organization whom you proudly respect and support judging by your tirades. My advice, stick to the Space Head threads because you clearly have no business discussing Constitutional Issues. You're out of your league here. Be seeing ya! Blackbird.

235 posted on 12/14/2005 4:40:36 AM PST by BlackbirdSST
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To: jude24
How many protests take place near the courthouse?

Completely irrelevant to your argument. If you can't understand what MADD is attempting by this "protest", I suggest you retake the logic course you may have taken in school.

236 posted on 12/14/2005 4:47:07 AM PST by nygoose
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To: jaguaretype; BlackbirdSST

Neither the government, nor any PD, have rights.

They have powers that we, the people, delegated to them. If we don't have the power, we cannot delegate it and they cannot assume it.

Freedom and order are not necessarily compatible and I'm fine with that. That doesn't mean that I support anarchy, but I would prefer anarchy to tyranny if we cannot return to the limited constitutional republic that our Founders gave us.

There is no 'off' switch on the Constitution. The government cannot turn it off and on at will, try as they might. But there is a 'reset' switch articulated in the DoI (THE founding document) and inborn and embodied in the American Spirit that has kept us free for over 200 years despite the best efforts of those, like you and Clinton BTW, who cry 'order' and 'necessity' and 'safety' in order to reign in our freedom and rights.


237 posted on 12/14/2005 5:06:02 AM PST by Badray (Limited constitutional government means protection for all, but favor for none.)
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To: BlackbirdSST

Read your DL app Fool.

Can't respond in an intelligent manner but not surprising from TT militia types like yourself.

Otherwise put a lid on it.


238 posted on 12/14/2005 10:11:32 AM PST by jaguaretype (Sometimes war IS the answer)
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To: Badray

Don't equate me with BJ.

I'm really getting bored with the innuendo/lies of you jackboot antigov types who think you can lecture me with witty lines like "no off switch to the Constitution" and that I believe the PD/Gov have rights..... LOL!!!!

Amazingly audacious of you types decrying the legality of police investigation tactics (incl checkpoints) which YOU have agreed to subject yourself to via your DL app in return for the privelege (granted via licensing by the govt to keep the streets somewhat safe from 2 yr olds driving) of operating a vehicle on public roadways. Don't like it then try to change the law or walk!!

BTW, I don't care for MADD's overblown tactics but I care equally little for the opposite tact and laissez faire nonsense of individuals like yourself who falsely value the "rights" of filthy pig drunks to freely cruise streets I drive on. Nor do I care to listen to diatribes of dolts who believe their "right" to carry explosives and weaponry ANY place they desire at the risk of everyone else.

Don't waste my time.


239 posted on 12/14/2005 10:34:40 AM PST by jaguaretype (Sometimes war IS the answer)
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To: jaguaretype
Otherwise put a lid on it.

Stick it in your ear lefty. You came to this conversation without invite, you're just as free to leave it. Once again, you're out of your league. A wise man would realize that and shut his mouth, hence your return. I await more of your lunatic babble. I'm sure you have plenty. Blackbird.

240 posted on 12/14/2005 5:15:59 PM PST by BlackbirdSST
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