Articles Posted in The Documents Corner

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A preemptive pardon is an act of clemency issued by a head of state or government before charges are formally brought against an individual. Though relatively rare, this type of pardon can generate intense public and legal debate. To understand the complexities of preemptive pardons, it is necessary to examine their legal basis, potential benefits and drawbacks, as well as historical examples that illustrate their impact on justice, accountability, and executive authority.

Legal Basis for Preemptive Pardons

The legal authority for preemptive pardons in the United States is rooted in the Constitution and clarified through key judicial precedents. Article II, Section 2 of the U.S. Constitution grants the president the “Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” This broad language has been interpreted to allow for pardons at any stage of the judicial process, including before charges are formally brought—a concept known as a preemptive pardon.

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The recent high-profile trial of former president Donald Trump has reignited discussions on the role of jury instructions in shaping verdicts.  This post is based in part on the following query we asked Gemini following the triaI: I need a broad discussion of jury instructions and charges to the jury in trial courts of the state of New York. The following explores the purpose and content of jury instructions in New York courts. We’ve also included a link to the final instructions and a transcript from the recently concluded trial of Donald Trump

Jury instructions and charges are a cornerstone of a fair trial in New York courtrooms. They act as a bridge between the complex legal world and the understanding of laypeople on the jury. Let’s delve into the significance of this exchange and the considerations involved. For more detailed information see: New York Criminal Jury Instructions and Model Colloquies.  For the latest additions and revisions see CJI2d & MC History. For New York Civil Jury Instructions see  CPJI- Civil Pattern Jury Instructions –all from the New York State Unified Court System.

The Importance of Clear and Precise Instructions

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Law libraries are undergoing a transformation fueled by Artificial Intelligence (AI). While AI isn’t replacing librarians, it’s becoming a powerful tool that’s changing how legal research is conducted and how libraries serve their patrons.

The history of artificial intelligence in law libraries is a fascinating journey marked by technological evolution, legal industry demands, and the gradual integration of advanced tools to support legal research, information management, and decision-making processes. Here’s a historical overview of this subject:

Early Beginnings and Development

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This posting includes an excerpt from the Report on the Investigation Into Unauthorized Removal, Retention, and Disclosure of Classified Documents Discovered at Locations Including the Penn Biden Center and the Delaware Private Residence of President Joseph R. Biden, Jr. prepared for the Attorney General of the United States by Special Counsel Robert K. Hur and his staff, and a link to the entire document.

EXCERPT:

“We conclude that no criminal charges are warranted in this matter. 1 We would reach the same conclusion even if Department of Justice policy did not foreclose criminal charges against a sitting president.

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Election administrators and their staff, spread throughout thousands of voting jurisdictions in the United States, perform a core service dedicated to maintaining and preserving our democracy. Their work has become significantly more difficult, as our contentious politics have clouded much of what they do with misunderstanding and distrust. These challenges have made clear that election administrators may, and typically do, lack the full range of resources they need.

As election officials gain both increasing  public visibility and scrutiny, it has become increasingly obvious that the time has come for identifying the ethical standards unique to the election administrator profession. It is essential to identify national standards for election officials that provide guidance  in the administration of voting throughout the United States.  It is therefore encouraging to learn that  the American Law Institute (ALI) has provided a forum, released to the public on January 29, 2024, for a working group developing such standards, resulting in a report Ethical Standards for Election Administration

The report sets out seven principles, discussed in detail, along with the basis for each. It is the hope of the working group that these principles provide the professional election administration community with a common vocabulary for communicating the moral underpinning of their work; assist in the training of the next generation of officials; and help guide officials in carrying out their responsibilities when the law does not supply the answer and public scrutiny is keenest. These principles also supply the grounds for specific standards of conduct that reflect these principles and put them into practical effect.

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The death penalty remains a highly contested issue in the United States, with arguments raging on both sides. However, beyond the ethical and legal debates lies a lesser-known aspect: the phenomenon of failed executions. These attempts, often characterized by prolonged suffering and technical difficulties, raise serious concerns about the very concept of a humane and constitutional capital punishment system.

Historically, the U.S. has employed various methods for execution, each with its own share of botched attempts. The electric chair, implemented in the late 19th century, witnessed numerous cases where the condemned endured extended periods of agony due to malfunctions or improper application. Lethal injection, the current primary method, has also been plagued by issues. From 2000 to 2020, an estimated 7% of all lethal injection executions were classified as botched, often involving prolonged struggles to establish an intravenous line, raising concerns about unnecessary suffering inflicted upon the condemned. It is estimated that 3% of U.S. executions in the period from 1890 to 2010 were botched.

The case of Thomas Eugene Creech in Idaho in 2023 exemplifies the harrowing realities of failed executions. Despite repeated attempts by medical personnel, a suitable vein could not be located for lethal injection, forcing the execution to be halted. This incident, like many others, highlights the inherent fallibility of the execution process where unforeseen complications can transform the intended punishment into an act of torture. In his article in Verdict discussing this case, Austin Sarat, a professor of jurisprudence and political science at Amherst College, argues that “systemic issues and denial by state officials perpetuate the cruelty and inefficiency of lethal injections, urging an acknowledgment of its failures and a cessation of its use for capital punishment”.

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Introduction.

The polarization of American politics has become a prominent and concerning trend in recent years. This post aims to explore the multifaceted factors contributing to the polarization of American politics, analyzing historical, social, economic, and institutional elements. By understanding the roots of this polarization, policymakers, scholars, and citizens can work towards fostering a more cohesive and collaborative political environment.

Historical Factors:

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Presiding Justice Hector D. LaSalle and the Justices of the Appellate Division, Second Department on January 11, 2024, announced the creation of a Task Force to study

the interplay of artificial intelligence and the courts of the Appellate Division, Second Department. The Task Force will meet with experts in the field of artificial intelligence

and propose recommendations on how the Appellate Division, Second Department and the trial courts within its jurisdiction may best utilize reliable artificial intelligence

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The year 2024 promises to be a pivotal year for Artificial Intelligence (AI), with advancements across various sectors and a growing focus on real-world applications. Here are some predictions taken from various sources including my own expressing a variety of opinions as to what we can expect in the near future. The predictions are grouped into six broad categories: Widespread Integration, Generative AI, Practical Applications and Explanability, Health Care, Legal and Ethical Considerations, and Emerging Trends, followed by a list of references to materials discussing various aspects of the topic. For those who may be less familiar with AI, I have also included under References a citation to a posting by Bill Gates that can be read as a general introduction.

  1. Widespread Integration of AI:
  • AI will become increasingly ubiquitous, seamlessly integrated into homes, businesses, and everyday activities. This could range from personalized AI assistants to smart homes that anticipate your needs.
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