Birdsong's Law Blog

Our beloved daughter, Krystal, passed away on October 20, 2008.  She had graduated from Barry University in May of 2008, with her B.A. degree in Sociology.  On Thursday, October 2, 2008, the University held a Memorial Mass for Krystal at the Cor Jesu Chapel on the Barry campus in Miami Shores, Florida.  The President of the University, Sister Linda Bevilacqua, O.P. presided at the mass.  The campus priest, Father Scott O’Brien, O.P. wrote and delivered the very beautiful homily for Krystal.  Birdsong thought that some of you might like to read it.

                                                Homily for Krystal Birdsong

Do not let your hearts be troubled.  You have faith in god, have faith also in me.  In my Father’s house there are many dwelling places; if there were not, would I have told you that I am going to prepare a place for you?

Words of great consolation from the Gospel of John, particularly so at a time like this – the death of a daughter, a friend, a fellow student and peer, an advocate for peace and justice.

Words of the Lord Jesus that fill us with a sure and certain gratitude to our God who is not a God of the dead

Birdsong presents herewith a few more weird criminal law stories.

Saanich, Canada: A Canadian cop in Saanich, British Columbia heard passionate sounds coming from a trash dumpster — and upon investigation found a 30 year old woman and her boyfriend, 28, had turned it into a love nest.  The officer ordered the two to put on their clothes and leave.  No arrests were made.

A new meaning for “dirty sex.”

Yakima, WA: This Washington state kindergarten teacher apparently had enough of cleaning up after a student beset with bathroom issues and sent the stinky evidence  home to his parents.  “This little turd was found on the floor in my room,” the teacher wrote in a note sent along with the fecal find.  The student is being transferred.  Officials won’t discuss the teacher’s job status but say no criminal charges have been filed.

Oh Poo!

Fresno, CA:  Police in Fresno arrested a man for allegedly tattooing a gang insignia on a 7-year old boy — at the direction of the child’s father. 

Birdsong has heard a lot of talk during the last few days about “Preventive Detention.”  This has come in the wake of President Obama’s plans to close  the Guantanamo Bay prison facility where terror suspects have been held for the last  five years.  The administration has said that in closing the facility some prisoners will be sent to their home countries, others to maximum federal prisons  in the United States, and some will be held in “Preventive Detention.”  The Obama administration is supposedly working on rules for “Prevention Detention” of terror suspects.

Birdsong wonders how many of the pundits and opinion writers even know what “Preventive Detention” means.  Years ago when Birdsong was federal prosecutor in Washington, D.C. he had a few criminal cases where he sought  “Preventive Detention” of certain defendants.  Birdsong is not certain that we can fashion rules of such detention for terror suspects that will not violate due process.

“Preventive Detention” is usually categorized, in the criminal sense,  for non-capital  crimes as confinement imposed

Birdsong does his share of teaching students at Barry about asylum and presecution grounds.  One of my students, Serena S. Watson has done some independent research you might interesting.  Her research concerns what happens to those who have been persecutors when they seek asylum in the U.S.  She has given me permission to post her paper on the subject.  Enjoy and learn.

I. INTRODUCTION

Imagine the world as one huge dodge ball field. This dodge ball field holds an annual tournament with different participating teams. The teams are Africa, Asia, Australia, Europe, North America, and South America. Each team has the freedom to pick and choose their players. Not all players may want to stay with their original teams, therefore, transferring is allowed. In order to transfer teams a list of requirements

Here are more of those weird criminal law stories Birdsong loves to bring you.

Switzerland: The Swiss have made nude hiking unlawful!  Recently, citizens of the canton of Appenzell Inner Rhodes, in the heart of the Alps, voted overwhelmingly to make nude hiking unlawful.  The practice is apparently big among German tourists who often wear nothing more than hiking boots and socks during warm weather months.

And we thought it bad when German tourists to the U.S. wore white socks and sandals!

Wisconsin: Robbing Peter to Pay Paul?  Police arrested a Wisconsin teen for allegedly breaking into a car and stealing goods so he could get money to pay his lawyer, who was defending him on previous