Justice Run Amok: Rules That Make No Sense

The U.S. Supreme Court reaffirmed in June that defendants have a constitutional right to cross-examine witnesses against them and must get a new trial if denied that right. The challenger was Dwayne Giles, who had tried during his trial to keep incriminating statements by his girlfriend out of court, in that she was not available for him to cross-examine. The reason for her unavailability was that she is dead, and Giles was being tried for her murder. Hence, her statements suggesting Giles' motive cannot be used in court.

In June, the High Court in Johannesburg granted the request by a Chinese civil rights organization to switch Chinese South Africans from "caucasian" (as they were during apartheid) to "black" (which would allow them to better qualify for government benefits).

In April, the Sycamore (Ill.) City Council voted to quadruple the fine for overstaying a parking meter (from 25 cents to $1). The city's 360 meters themselves will remain at a penny for 12 minutes, a nickel for an hour and a dime for two hours.

Washington, D.C., police chief Cathy Lanier decided in May to rehire 17 cops who had been fired for misconduct. The cases against the officers were solid, she noted, except that their hearings before a police trial board had not been held within the required 55 days after the charges were filed. D.C. courts and arbitrators had previously reinstated officers where the 55-day deadline was not met, and Lanier felt she had no choice. (However, the following week, Lanier announced she was beginning the process of re-firing the 17 officers, this time because they would be unable to perform their jobs since they could not be credible witnesses in criminal cases because of their records.)

The longtime elected clerk of court in Pasco County, Fla., Jed Pittman, admitted to WTSP-TV in May that he rarely comes to work and in fact has researched state law to learn that as long as he shows up once every 43 days, he can't be fired. (The law provides for removal by the chief judge only if the clerk is absent for "44" consecutive days.) Pittman's salary is about $136,000 a year, but he exploited another loophole in state law to "retire" in 2004, and then un-retire the next day, which brings him an additional $75,000 a year (besides the $362,000 lump sum he received on the day he "retired").

In April, Army medic Monica Brown was awarded the Silver Star for bravery for selflessly subjecting herself to enemy fire in order to treat fallen comrades in battle in Afghanistan. However, two days after her heroics, she had been ordered home, against her will, because generals were nervous that a female appeared to be "in combat," which violates Army rules.

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