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June 18, 2005
Bad Spin on Jackson and Raich
The news media's spin on the Jackson verdicts is dissapointing. From what I have seen, most news organizations are pushing the story that the verdicts were wrong, and that justice was denied. Katie Couric on the Today Show suggested that it was inappropriate for the jurors to be affected by the demeanor and attitude of the minor's mother. The editors of the Today Show should have consulted with a California attorney before impugning the jurors: the California criminal jury instructions ("CALJIC") expressly direct jurors to consider such things as "demeanor" and "attitude toward testimony" when considering the believability of a witness. Also, something that is not discussed much by the media is that the minor's testimony was, according to expert legal commentators, unimpressive and riddled with contradictions. The media ought to set an example by showing respect for the jurors rather than attempting to twist the facts.
News reports of the Raich decision are also dissapointing. Even the Daily Show got it wrong. I've seen several headlines stating that "federal law is supreme--medical pot is illegal." However, Raich was not a supremacy clause case, it was a commerce clause case. The true story is more complex, and perhaps challenging to convey to readers: Raich perpetuates a conflict in the law. Medical users who possess smaller quantities, who are not prosecuted in federal court, may continue to use marijuana. The media treated the Raich decision as the final battle over medical pot, which it was not.
Posted by Tim Warriner at 07:36 AM
June 08, 2005
Some Thoughts About Raich
I am not surprised at the result reached by the Suprememe Court in Raich given how easy it is to justify congressional action under the commerce clause. What is interesting about Raich is that the opinion expressed genuine concern for the needs of the patients, and suggested that the government's actions were unwise. While medicinal use is not a defense in federal court, language from Raich may potentially be used as a basis for sentencing departure.
I am afraid the court's concern will not carry much weight as medicinal use proponents seek a law prohibiting federal interference with state medical marijuana programs. One danger of congressional action in the medical marijuana field is the potential for federal preemption. In other words, congress could impose burdensome requirements upon medical use programs, or could punish states that have such laws by denying federal funds. For that reason, congressional inaction may actually be the best course.
Posted by Tim Warriner at 05:57 AM