When a judge misjudges

"The judge who asked an alleged rape victim why she 'couldn't keep her knees together' might lose his job."

A Canadian judge is facing the possibility of removal from the bench after he faulted a 19-year-old woman who said she was raped for not doing enough to defend herself during the alleged attack and suggesting that she wanted to have sex.

Among Federal Court Justice Robin Camp's remarks during a 2014 sexual assault trial, according to a notice of allegations posted on the Canadian Judicial Council website:

"Why couldn't you just keep your knees together? Why didn't you just sink your bottom down into the basin so he couldn't penetrate you?"

Young women, the judge said, "want to have sex, particularly if they're drunk," according to the notice.

He also said that "some sex and pain sometimes go together" and "that's not necessarily a bad thing."

Camp's controversial remarks resulted in an investigation by the Canadian Judicial Council, a federal body that polices judges.

He is expected to testify Friday before a five-member committee as part of a week-long proceeding that began Tuesday and will end next week in Calgary, Alberta.

The committee will decide on Camp's fate after hearing evidence and testimony. (lots more)

"Man gets 40 years in jail..."

"...after rejecting plea deal that would have freed him immediately"

"I think he was more unstable than anything else," Smith (appointed defense attorney) said. "Although, I think if you were to ask him, he would think he was fine. I think he needs another set of eyes and ears to look at what I've looked at."

Smith filed for a psychological evaluation in March, which said "may be incompetent to stand trial based on the numerous conversations with Lindsey, his history of mental illness, the strange occurrence and irrational conduct that caused his arrest, and letters that were sent to counsel filled with biblical references, conspiracies, delusional beliefs, and illogical conjecture."

However, Smith said Lindsey was deemed competent by the evaluation and judge.

"This defendant had compiled a lengthy criminal history out of state prior to moving to Texas," Teissier said. "Consequently, Lindsey is obviously not the type of person we want living in Texas or Montgomery County. Unfortunately for him, he had to learn that the hard way."

Smith said a plea bargain would have reduced the sentence at assault and allowed Lindsey to be released.

"He is very religious and said no man should judge another man," said Smith, who said Lindsey said he understood the charges and punishment he faced. "That's another reason I filed a psychological evaluation is because of his thought process. ... He'd use religion to justify actions. The problem was the decisions weren't going to help him in reality."

"I said the minimum is 25 to life. You're going to have all of these witnesses come and testify against you and you are not going to have anyone testify for yourself. "He said, 'It is what it is.'"

"Neo-Nazi gets makeover to hide tattoos from jury"

Las Vegas Review Journal:  “The goal is to make sure we can get a jury to at least give him a fair trial,” defense attorney Dan Bunin said.

A month ago, a different group of possible jurors was summoned to decide on the robbery case against Morgan. But one by one, they saw his tattoos and his bald head and said they could not be fair and impartial.

“If it’s a certain kind of tattoo, in a certain spot, it signifies something more,”...

In the judge’s courtroom Friday, prison guards, court marshals and prosecutors watched as a cosmetologist spent roughly two hours applying makeup to cover Morgan’s tattoos as he sat at the defense table, shackled and wearing an orange jumpsuit. With a test of the inmate makeover complete, none of the tattoos could be seen.

The judge walked in. “It looks good,” he said.

"Federal Judge: U.S. Constitution Is Outdated, Judges Should Stop Studying It"

According to 7th Circuit Judge Richard Posner in a post published to Slate, U.S. judges should stop studying the Constitution.

I see absolutely no value to a judge of spending decades, years, months, weeks, day, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation,” Posner argued.

“Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21st century,” he continued. “Which means that the original Constitution, the Bill of Rights, and the post–Civil War amendments (including the 14th), do not speak to today.”

The deliberations of the Constitutional Convention of 1787 were held in strict secrecy. Consequently, anxious citizens gathered outside Independence Hall when the proceedings ended in order to learn what had been produced behind closed doors. The answer was provided immediately. A Mrs. Powel of Philadelphia asked Benjamin Franklin, “Well, Doctor, what have we got, a republic or a monarchy?” With no hesitation whatsoever, Franklin responded, “A republic, if you can keep it.”

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