Malum prohibitum~"Public welfare offenses" are a subset of malum prohibitum offenses as they are typically regulatory in nature ...where is Mary Cano?

Malum prohibitum
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Malum prohibitum (plural mala prohibita, literal translation: "wrong because prohibited") is a Latin phrase used in law to refer to conduct that constitutes a crime only by virtue of statute, as opposed to conduct evil in and of itself, or malum in se. Conduct that was so clearly violative of society's standards for allowable conduct that it was illegal under English common law is usually regarded as "malum in se". An offense that is malum prohibitum, for example, may not appear on the face to directly violate moral standards. The distinction between these two cases is discussed in Washington v. Anderson (Supreme Court of the State of Washington, 67826-0, decided August 2000) [1]:

"Criminal offenses can be broken down into two general categories -- malum in se and malum prohibitum. The distinction between malum in se and malum prohibitum offenses is best characterized as follows: a malum in se offense is "naturally evil as adjudged by the sense of a civilized community," whereas a malum prohibitum offense is wrong only because a statute makes it so. State v. Horton, 139 N.C. 588, 51 S.E. 945, 946 (1905) ... "Public welfare offenses" are a subset of malum prohibitum offenses as they are typically regulatory in nature and often "'result in no direct or immediate injury to person or property but merely create the danger or probability of it which the law seeks to minimize.' "


In debating the appropriateness of certain offenses or sanctions, one occasionally encounters the suggestion that conduct should be given more latitude on the theory that it is "merely" malum prohibitum. In an earlier version of this document, it was suggested that examples of malum prohibitum included parking violations and copyright violations (which, respectively, are at least arguably a form of trespass and a form of theft). Some laws, like tax laws, make ordinary conduct an offense if done without a license, stamp, or other official permission, and thus qualify as malum prohibitum. On the other hand, licensing is sometimes done for safety purposes (to prevent untrained drivers' operation of powerful motorized vehicles where the public is at risk, or to ensure that persons without minimum qualifications are not permitted to practice medicine or act as architects or sell services as a member of another licensed profession), and to prevent certain frauds or egregious violations of trust from being too easy; violation of such licensing rules, by virtue of the peril the conduct creates, arguably prevents such prohibitions from being merely malum prohibitum. For example, the risk to the public if one were not required to have a license and post a bond before issuing life insurance policies is so severe that purporting to sell life insurance while conducting an unlicensed, unbonded business is arguably tantamount to fraud. Because the definition given in Anderson depends on the 'sense of a civilized community', it is certain that the specific categorization of offenses as malum prohibitum and malum in se will be subject to debate whenever there is debate within the community as to what should violate the sensibilities of its members.

Whether "victimless crime" can be other than malum prohibitum may depend on how strongly one views the public need of social order, or how seriously one takes the risk of parties exercising over others such influence that their consent cannot be regarded as genuine (e.g., statutory rape, sale of banned addictive mental-state-altering substances, etc.). The degree to which one believes individuals should be protected from themselves often directs one's conclusions regarding whether conduct barred by current law is "merely" malum prohibitum. Under Anderson it is arguably the case that categorization of offenses varies with the society in which the judgment is undertaken.

u aint seen nothing yet.........but it's coming.......is this the kinda of byte ...something with some teeth?

http://www.rootswomen.com/albums/cover/a_lioness_04growl.jpg

Google Yourself Corpus Christi: When Carlos Valdez Confesses Error Does Not The Same Rule Apply?

Google Yourself Corpus Christi: When Carlos Valdez Confesses Error Does Not The Same Rule Apply?

First, in seeking the death penalty, prosecutors sometimes overlook glaring illegalities.

"courts, especially state courts, are too often willing to overlook even obvious constitutional flaws when reviewing death penalty cases."

And if they are "willing to overlook even obvious constitutional flaws and glaring illegalities when Prosecuting & reviewing death penalty cases."

WATT about all of the other cases?

How many "overlooks" of "constitutional flaws" or "glaring illegalities" have become tools of Cheating Prosecutors who have forgotten "Prosecutors, despite striking hard blows, must never lose sight of their ultimate obligation to do justice in every case.

How many Prosecutors deliberately commit the error of failing to file a reply brief in an Appeal Process because it deprives the appellant of exculpatory testimony, evidence, and confessions of error or witness tampering by the State Prosecuting Attorney?



----
CONFESSING ERROR
By EDWARD LAZARUS
----

Friday, Jun. 16, 2000

Earlier this month, Vincent Saldano, one of the 468 inmates on Texas' death row, had his death sentence vacated. This development was duly reported in the press. But accounts of Saldano's good fortune uniformly failed to appreciate what makes his reprieve truly newsworthy and potentially a landmark.

Saving Saldano: Texas Confesses Error

Saldano was not freed from the prospect of execution by the actions of a court or even, as occasionally happens, by the clemency of a governor. His death sentence was erased because Texas, through its newly created office of the solicitor general, "confessed error" in his case -- that is, it admitted, despite defeating Saldano's initial appeals in court, that his death sentence was illegally obtained. Quite simply, this never happens, either in Texas or in the dozens of other states with active death penalty laws. It is thus worth pausing to consider the value and potential implications of Saldano's case as well as the notion of confessing error.

Saldano had received a death sentence in part due to profoundly troubling testimony by a state expert witness at the sentencing phase of his trial. The expert, a clinical psychologist named Walter Quijano, suggested that Saldano should be executed because, as an Hispanic, he posed a special risk of future dangerousness to society. To support this astonishing conclusion, the expert pointed out that Hispanics make up a disproportionately large amount of Texas' prison population.

It does not take a tenured professor of constitutional law to realize that linking racial identity with a propensity for violence was not only bizarre but also a violation of the equal protection clause. Indeed, that it should take a confession of error by the state to correct this problem highlights at least two problems in the current administration of the death penalty. First, in seeking the death penalty, prosecutors sometimes overlook glaring illegalities. The same flaw identified in Saldano's case infects at least seven other Texas capital cases. Second (and perhaps even more distressing), courts, especially state courts, are too often willing to overlook even obvious constitutional flaws when reviewing death penalty cases. After all, before the state's confession of error, Saldano had lost all of his appeals.

Under these circumstances, one might think that confessions of error would be, if not commonplace, at least occasional. On average, the Solicitor General of the United States confesses error in two or three criminal cases every year -- even though it is a safe bet that federal prosecutions, conducted by better trained lawyers with greater supervision, are less likely to contain obvious legal errors than their state counterparts. As the Supreme Court recognized when endorsing the practice in 1942, "the public trust reposed in the law enforcement officers of the Government requires that they be quick to confess error, when, in their opinion, a miscarriage of justice may result from their remaining silent." But as a practical matter, states never confess error in death penalty cases (even though courts overturn roughly two-thirds of all death sentences as legally infirm) -- and some states candidly admit that their policy is never to confess error.

Mutual Distrust

Why? One crucial and usually overlooked factor is the deep antagonism that has grown up over time between state death penalty prosecutors and the death penalty abolitionist lawyers who seek to foil them in every case. The abolitionists, prosecutors know all too well, never concede that their clients deserve the death penalty or that the death penalty was legally imposed -- no matter how flimsy their arguments in a given case. Rather, they use every procedural and substantive trick in the book to delay executions.

There can be no denying that such abolitionist tactics have angered and frustrated state prosecutors. And one response to these understandable emotions has been for prosecutors to mirror the fight-to-the-bitter-end approach of their opponents.

The problem with this reciprocation, however, is simply that the ethical duties of prosecutors and defense attorneys are vastly different. Defense attorneys are duty-bound to scratch and claw to win for their clients. Prosecutors, by contrast, despite striking hard blows, must never lose sight of their ultimate obligation to do justice in every case.

That may sound trite and perhaps overly idealistic, but it has a practical side as well. Prosecutorial confessions of error -- knowing when to fold them, as it is known -- establish credibility. They create trust in the system, a sense that someone is being careful and exercising sound judgment, that extends far beyond any single case. And that can make a world of difference for someone like me, who is not morally opposed to the death penalty but skeptical of how it is imposed.

Death Penalty Politics

In addition, the reluctance of state prosecutors to confess error is a clear reflection of how politics affects the death penalty. Up until now, anyway, undoing a death sentence was akin to political suicide for an elected district attorney or state attorney general, or for any state official with ambitions for re-election or higher office. And yet the willingness of Texas' new solicitor general to confess error in the Saldano case suggests a possible turning point. With the current groundswell of death penalty opposition based on the possibility of executing an innocent person, elected officials may now find some advantage in approaching capital cases (even those where innocence is not an issue) with a greater degree of care and honesty.

case will start a broad trend. But there is reason to believe that the tide is indeed turning. On June 9, Texas Attorney General John Cornyn announced the results of an investigation into other death penalty cases involving testimony by state expert Walter Quijano. Cornyn acknowledged that Dr. Quijano had provided testimony in six other death penalty cases similar to his improper testimony in the Saldano case. Cornyn's staff has advised defense lawyers for the six inmates now on death row that his office will not oppose efforts to overturn their sentences based on Quijano's testimony. In response, a pessimist might note that Texas is appealing a ruling in another capital case that the defendant received inadequate counsel -- when, indisputably, his lawyer slept through much of the trial. But doing the right thing has a contagious quality to it. Or at least so we can hope.

Edward Lazarus, a former federal prosecutor, is the legal correspondent for Talk Magazine and the author of Closed Chambers: The Rise, Fall, and Future of the Modern Supreme Court.

Bet you don't think I can make it

• Vanessa Carlton , Watch Me Shine Ringtone • Vanessa Carlton Tabs
• Vanessa Carlton Lyrics • Vanessa Carlton Sheet Music
• Vanessa Carlton CDs • Vanessa Carlton Posters
Song Lyrics > V > Vanessa Carlton Lyrics > Watch Me Shine

Artist: Vanessa Carlton
Song: Watch Me Shine
Album:
[" " CD]

Ooh..
I'm not your average type of girl
I'm gonna show the world
The strength in me that sometimes they can't see

I'm about to switch my style
And soon things may get wild
But I will prove that I can conquer anything

So from my head to toe
I'm taking full control
I'll make it on my own..this time
(Better watch me shine)

CHORUS:
Better watch out going for the knockout
And I won't stop till I'm on top now
Not gonna give up until I get what's mine
Better check that I'm about to upset
And I'm hot now so you better step back
I'm taking over so watch me shine

oh oh oh

So..Get ready here I come
Until the job is done
No time to waste
There's nothing stopping me

Oh
But you don't hear me though
So now it's time to show
and prove I'm gonna be The best I can be

So from my head to toe
My mind body and soul
I'm taking full control
This time
(so watch me shine)

CHORUS

oooo..oh ya ya (oh ya ya)

BRIDGE:
Bet you don't think I can take it
But my mind and body are strong
Bet you don't think I can make it
It won't take long
(BRIDGE 2x)

Now watch me shine...

CHORUS

Now watch me shine.......

CHORUS

Watch me...
ooh oh oh
Watch me shine...
Watch me

Lyrics > V > Vanessa Carlton Lyrics > Watch Me Shine Song Lyrics

In light of the peculiar circumstances of this case, we believe the proper remedy is to abate the appeal and remand the cause to recommence the time..

Title: Bush - Machine Head lyrics
Artist: Bush
Visitors: 4977 visitors have hited Machine Head Lyrics since Feb 12, 2007.
Print: Bush - Machine Head Lyrics print version
Ringtone: Click here to search and send Bush polyphonic ringtone to your cell phone.




breathe in breathe out
breathe in breathe out
breathe in

breathe in breathe out
breathe in breathe out
breathe in

tied to a wheel fingers got to feel
(...???...)
i spin on a whim i slide to the right
i felt you like electric light
for our love
for our fear
for our rise against the years and years and years

got a machinehead better than the rest
green to red machinehead
got a machinehead better than the rest
green to red
and i walk from my machine
i walk from my machine

breathe in breathe out
breathe in breathe out
breathe in

deaf dumb and thirty
starting to deserve this
leaning on my conscience wall
blood is like wine
unconscious all the time
if i had it all again
i'd change it all

got a machinehead better than the rest
green to red machinehead
got a machinehead better than the rest
green to red
and i walk from my machine
i walk from my machine

breathe in breathe out
breathe in breathe out
breathe in
breathe in
breathe in

got a machinehead better than the rest
green to red machinehead
got a machinehead better than the rest
green to red
better than the rest
better than the rest
machinehead
and i walk from my machine
i walk from my machine

The hottest songs from Bush

# Bush - Glycerine Lyrics
# Bush - Comedown Lyrics

Talk about a tomfoolery......wag the dog.....war against terror of watt smells like.....bullshit

Home · More articles
Soldier Runs for Office from Iraq




Kingsville, TX October 10, 2004 -- John T. Hubert is seeking the office of Texas State Representative while serving in Iraq as a Major in the US Army Reserves. Hubert, whose full-time occupation is chief felony prosecutor for Kleberg and Kenedy counties, left for Iraq just after filing in the Texas House District 43 race.

When asked why he wanted to run for this office Hubert replied, Education will be a major issue in the Texas House this session.

The quality of public education must be improved and that means more than just funding. Education is the great equalizer. It allows all our children the opportunity to experience the American dream regardless of background or race.

As an individual using his own education to improve the lives of citizens in a war-torn country, John believes education is the defender of democracy.

It is my duty to run, Hubert said. We need bold ideas to overcome the significant disadvantages in my home district.

Hubert is assigned to the 451st Civil Affairs Battalion, under the Special Operations mantle. His job includes coordination and assistance with the construction of schools, hospitals and utilities in the northern part of Iraq, working with the Kurdistan Regional Government.

Huberts release from active duty and return to Kleberg County is scheduled for mid-October.

###




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Only He holds the Key.........my light

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These search terms have been highlighted: court session verdict
Page 1
A court is in session
A verdict is in
No appeal on the docket
today
Just my own sin
The walls are cold and pale
The cage made of steel
Screams fill the room
Alone I drop and kneel
Silence now the sound
My breath the only motion
around
Demons cluttering around
My face showing no emotion
Shackled by my sentence
Expecting no return
Here there is no penance
My skin begins to burn
So I held my head up high
Hiding hate that burns
inside
Which only fuels their
selfish pride
We’re all held captive
Out from the sun
A sun that shines on only
some
We the meek are all in one
I hear a thunder in the
distance
See a vision of a cross
I feel a pain that was given
On a sad day of loss
A lion roars in the darkness
Only he holds the key
A light to free me from my
burden
And grant me life eternally
Should have been dead
On a Sunday morning
Banging my head
No time for mourning
Ain’t got no time
So I held my head up high
Hiding hate that burns
inside
Which only fuels their
selfish pride
We’re all held captive
Out from the sun
A sun that shines on only
some
We the meek are all in one
I cry out to god
Seeking only his decision
Gabriel stands and confirms
I’ve created my own prison
-----CREED

And they ran through the bushes where a rabbit couldn't go......

The Battle of New Orleans, by Jimmy Driftwood

In 1814 we took a little trip
Along with Colonel Jackson down the mighty Mississip
We took a little bacon and we took a little beans
And we caught the bloody British in the town of New Orleans

We fired our guns and the British kept a'comin'
There wasn't nigh as many as there was a while ago
We fired once more and they began to runnin'
On down the Mississippi to the Gulf of Mexico

We looked down the river and we seed the British come
And there must have been a hundred of 'em beatin' on the drum
They stepped so high and they made their bugles ring
We stood behind our cotton bales and didn't say a thing

We fired our guns and the British kept a'comin'
There wasn't nigh as many as there was a while ago
We fired once more and they began to runnin'
On down the Mississippi to the Gulf of Mexico

Old Hickory said we could take 'em by surprise
If we didn't fire our muskets till we looked 'em in the eyes
We held our fire till we seed their faces well
Then we opened up our squirrel guns and gave 'em..
Well... we...

Fired our guns and the British kept a'comin'
There wasn't nigh as many as there was a while ago
We fired once more and they began to runnin'
On down the Mississippi to the Gulf of Mexico

Yeah they ran through the briars and they ran through the brambles
And they ran through the bushes where a rabbit couldn't go
They ran so fast that the hounds couldn't catch 'em
On down the Mississippi to the Gulf of Mexico

We fired our cannon till the barrel melted down
So we grabbed an alligator and we fought another round
We filled his head with cannonballs 'n' powdered his behind
And when we touched the powder off, the gator lost his mind

We fired our guns and the British kept a'comin'
There wasn't nigh as many as there was a while ago
We fired once more and they began to runnin'
On down the Mississippi to the Gulf of Mexico

Yeah they ran through the briars and they ran through the brambles
And they ran through the bushes where a rabbit couldn't go
They ran so fast that the hounds couldn't catch 'em
On down the Mississippi to the Gulf of Mexico

Hut, hut, three, four
Sound off, three, four
Hut, hut, three, four
Sound off, three, four
Hut, hut, three, four

SB 1814~b careful watt u wish 4 u just might get it~

By: Lucio S.B. No. 1814


A BILL TO BE ENTITLED
AN ACT
relating to the creation of the office of district attorney for Kenedy and Kleberg Counties and the district attorney for the 105th Judicial District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.148, Government Code, is amended to read as follows:
Sec. 43.148. 105TH JUDICIAL DISTRICT. (a) The voters of Nueces County [the 105th Judicial District] elect a district attorney for the 105th Judicial District who[. The district attorney] has the same powers and duties as other district attorneys and serves all the district, county, and justice courts of Nueces County [and the district courts of Kleberg and Kenedy counties].
(b) The district attorney shall attend each term and session of the district, county, and justice courts of Nueces County [and the district courts of Kleberg and Kenedy counties] and shall represent the state in criminal cases pending in those courts. The district attorney has control of any case heard on petition of writ of habeas corpus before any district or inferior court in the district.
(c) The commissioners court [courts] of Nueces County [the counties comprising the district] may supplement the state salary of the district attorney. The amount of the supplement may not exceed $12,000 a year. [The supplemental salary must be paid proportionately by the commissioners court of each county according to the population of the county.] The supplemental salary may be paid from the officers' salary fund of the [a] county. If that fund is inadequate, the commissioners court may transfer the necessary funds from the general fund of the county.
SECTION 2. Subchapter B, Chapter 43, Government Code, is amended by adding Section 43.182 to read as follows:
Sec. 43.182. DISTRICT ATTORNEY FOR KLEBERG AND KENEDY COUNTIES. (a) The voters of Kleberg and Kenedy Counties elect a district attorney. The district attorney has the same powers and duties as other district attorneys and serves the district courts of Kleberg and Kenedy Counties.
(b) The district attorney shall attend each term and session of the district courts of Kleberg and Kenedy Counties and shall represent the state in criminal cases pending in those courts. The district attorney has control of any case heard on petition of writ of habeas corpus before any district or inferior court in the district.
(c) The commissioners courts of the counties comprising the district may supplement the state salary of the district attorney. The amount of the supplement may not exceed $12,000 a year. The supplemental salary must be paid proportionately by the commissioners court of each county according to the population of the county. The supplemental salary may be paid from the officers' salary fund of a county. If that fund is inadequate, the commissioners court may transfer the necessary funds from the general fund of the county.
SECTION 3. Section 46.002, Government Code, is amended to read as follows:
Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter applies to all county prosecutors and to the following state prosecutors:
(1) the district attorneys for Kenedy and Kleberg Counties and for the 1st, 2nd, 8th, 9th, 12th, 18th, 21st, 23rd, 25th, 26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, 42nd, 43rd, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th, 66th, 69th, 70th, 76th, 81st, 83rd, 84th, 85th, 88th, 90th, 97th, 100th, 105th, 106th, 110th, 112th, 118th, 119th, 123rd, 142nd, 145th, 156th, 159th, 173rd, 196th, 198th, 216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th, 268th, 271st, 278th, 286th, 329th, 349th, and 355th judicial districts;
(2) the criminal district attorneys for the counties of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell, Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman, Lubbock, McLennan, Madison, Navarro, Newton, Panola, Polk, Randall, Rockwall, San Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker, Waller, Wichita, Wood, and Yoakum; and
(3) the county attorneys performing the duties of district attorneys in the counties of Andrews, Callahan, Cameron, Castro, Colorado, Crosby, Ellis, Falls, Fannin, Freestone, Lamar, Lamb, Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, Orange, Rains, Red River, Robertson, Rusk, Terry, Webb, and Willacy.
SECTION 4. Effective January 1, 2009, Section 46.002, Government Code, is amended to read as follows:
Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter applies to all county prosecutors and to the following state prosecutors:
(1) the district attorneys for Kenedy and Kleberg Counties and for the 1st, 2nd, 8th, 9th, 12th, 18th, 21st, 23rd, 25th, 26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, 42nd, 43rd, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th, 66th, 69th, 70th, 76th, 81st, 83rd, 84th, 85th, 88th, 90th, 97th, 100th, 105th, 106th, 110th, 112th, 118th, 119th, 123rd, 142nd, 145th, 156th, 159th, 173rd, 196th, 198th, 216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th, 268th, 271st, 278th, 286th, 329th, 344th, 349th, and 355th judicial districts;
(2) the criminal district attorneys for the counties of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell, Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman, Lubbock, McLennan, Madison, Navarro, Newton, Panola, Polk, Randall, Rockwall, San Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker, Waller, Wichita, Wood, and Yoakum; and
(3) the county attorneys performing the duties of district attorneys in the counties of Andrews, Callahan, Cameron, Castro, Colorado, Crosby, Ellis, Falls, Fannin, Freestone, Lamar, Lamb, Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, Orange, Rains, Red River, Robertson, Rusk, Terry, Webb, and Willacy.
SECTION 5. This Act takes effect September 1, 2007.