Margo Schulter

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8 hours, 12 minutes ago
  • Margo Schulter commented on the diary post “Just Like Witches at Black Masses” by Big Al .

    2015-01-31 11:25:14View | Delete

    Response to TarheelDem @ 6 and @ 7 What interests me about Hiroshima and Nagasaki in terms of the historical framing of these atrocities is the way that “unconditional surrender” is taken as a given in terms of the objective, although in fact surrender followed an implicit assurance that Japan could retain the Emperor. With [...]

  • Margo Schulter commented on the diary post Boston Bombing News: the embarassing Mr. O’Toole – part II by woodybox.

    2015-01-28 12:33:34View | Delete

    Response to oldgold @ 60 and @ 96 Please let me clarify that my own concerns, also, are focused on the penalty phase, and on the level of expectations that are placed on a capital defendant — especially a young one who was seriously wounded before being arrested, and may have various impairments from that [...]

  • Margo Schulter commented on the diary post Boston Bombing News: the embarassing Mr. O’Toole – part II by woodybox.

    2015-01-27 10:38:03View | Delete

    Response to pbszebra @ 56 You’ve spoken for me, also! To borrow your rhetoric, oldgold, is it too much to ask of society, largely made up of people much older and experienced than DT (at least when it comes to this trial) that it focus on the evidence and the presumption of innocence, give “beyond [...]

  • Margo Schulter commented on the diary post Boston Bombing News: the embarassing Mr. O’Toole – part II by woodybox.

    2015-01-26 20:49:23View | Delete

    Response to oldgold @ 32 The whole gardener analogy, if it’s true, sounds to me like a powerful argument in mitigation, assuming Jahar were convicted. It says that he acted under the substantial influence or domination of others, which has been a statutory mitigating factor in many statutes (with former Model Penal Code Section 210.6, [...]

  • Margo Schulter commented on the diary post Boston Bombing News: the embarassing Mr. O’Toole – part II by woodybox.

    2015-01-26 13:54:57View | Delete

    Response to woodybox @ 5 Referring to the presumption of innocence as a mere “term of art” seems to me highly dangerous, because for me it has a fairly commonsense meaning that is critical for this trial. To me, the presumption of innocence means that a jury must be able to begin the trial with [...]

  • Response to wendydavis @ 21 Thank you for focusing on the main point that we need something positive to stand for, which is much harder than picking what to be against. And I agree, police accountability (as also now in New Mexico, as juliania has been discussing) and anti-capitalist strikes are good focuses on which [...]

  • Response to nonquioxte @ 20 Please feel welcome to use that line as often as helpful, as I seem to recall borrowing it from someone else. In a way, it may go back to President Johnson’s War on Poverty, which soon got eclipsed by the war against the people of Indochina. I’m not sure when [...]

  • Response to wendydavis @ 18 For me, this gets very complicated, and I don’t feel comfortable “tasking” anyone for a vote they cast according to their own conscience in the face of horrible dilemmas. Thus, in 2000, I voted for Ralph Nader, the alternative to which would for me have been abstaining — since California [...]

  • Margo Schulter commented on the diary post Challenging the pro-Israel Democrats in Congress by jaango.

    2015-01-24 16:46:22View | Delete

    Actually, I think the issue isn’t the “border,” since Israel clearly is in control, directly or indirectly (Gaza) of all of Historical Palestine, and arguing about that is a distraction from the issue of real democracy that needs to be addressed. Rather, the issue is that everyone within Greater Israel, and Palestinian refugees who wish [...]

  • Margo Schulter commented on the diary post Boston Bombing News: O’Toole: I’ll Make You A Believer by pbszebra.

    2015-01-21 18:12:25View | Delete

    Response to jane24 @ 15 Indeed I find the spectacle of any death penalty prosecution sickening, and know that I wouldn’t last for a moment on such a panel because I would have to say forthrightly, “No, I can no more consent to a state homicide than a private one.” The public opinion polls often [...]

  • Margo Schulter commented on the diary post We The Socialists by Red Waggin.

    2015-01-20 12:44:10View | Delete

    The thing that occurred to me is that while crime is always related to social circumstances, we shouldn’t assume that the establishment of socialism will immediately end all kinds of “ordinary” crime. So there may still be problems of everyday restorative justice. Of course, there needs to be vigilance so that would-be counterrevolutionists do not [...]

  • Margo Schulter commented on the diary post Boston Bombing News: O’Toole: I’ll Make You A Believer by pbszebra.

    2015-01-20 12:08:36View | Delete

    Just to expand on what’s already been said, from a defense perspective, the challenge is to find jurors who lean against the death penalty, but not so much that the trial judge rules that their scruples against capital punishment would “substantially interfere” with their following the law in the penalty phase, if it occurs, of [...]

  • Margo Schulter commented on the diary post We The Socialists by Red Waggin.

    2015-01-19 10:17:37View | Delete

    An open question is whether, as former Justice John Paul Stevens of SCOTUS has proposed, there should be an amendment (or clause in this proposed amendment) explicitly doing what I would argue the Eighth Amendment already does when correctly interpreted: declare the death penalty unconstitutional. Also, while people actually in prison would presumably have their [...]

  • Margo Schulter commented on the diary post Boston Bombing News: Propaganda & Hypocrisy by jane24.

    2015-01-16 17:52:43View | Delete

    Another point concerns Attorney General Eric Holder. His seeking the death penalty in this case is what does seem to me a political decision, not neecessarily in the sense that he’s seeking his own political advantage, but that he’s making a politically influenced decision rather than focusing on the invidualized merits of the case. Of [...]

  • Margo Schulter commented on the diary post Boston Bombing News: Propaganda & Hypocrisy by jane24.

    2015-01-16 17:26:42View | Delete

    Thank you for a powerful commentary, especially the point about the moral nature of the death penalty issue and the failure of politicians to confront it directly and “Just say no!” woodybox @ 16, I find it interesting that while indeed the Constitution of the Federal Republic of Germany (1949) banned the death penalty as [...]

  • Margo Schulter commented on the diary post Boston Bombing News: The Stacked Deck and the Death Penalty by lauraw.

    2015-01-14 11:26:29View | Delete

    In response to lauraw @ 78 The relatively good news, at least for now, is that executions are down, with “only” 35 last year in the U.S.A. if I’m correct, and no federal executions happening. Where the AEDPA has had a disastrous effect is with state Death Row prisoners, especially in places like Texas and [...]

  • Margo Schulter commented on the diary post Boston Bombing News: The Stacked Deck and the Death Penalty by lauraw.

    2015-01-13 23:56:14View | Delete

    In response to jane24 @ 70 As the article to which you linked briefly mentions, the previous 1996 act in the wake of the Oklahoma City bombing was directed against the right of prisoners to habeas corpus. And it is commonly known as the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). The main [...]

  • Margo Schulter commented on the diary post Boston Bombing News: The Stacked Deck and the Death Penalty by lauraw.

    2015-01-13 13:43:01View | Delete

    Response to laura @ 54 There is an apparent paradox in questioning or “rehabiiitating” a juror by the defense: the idea is to get the juror to express willingness to consider the death penalty, but with the understanding that, in fact, this juror retains strong convictions against the death penalty, and is receptive to mitigating [...]

  • Margo Schulter commented on the diary post Boston Bombing News: The Stacked Deck and the Death Penalty by lauraw.

    2015-01-12 13:31:53View | Delete

    In response to lauraw @ 18 Evidently the voir dire or direct examination of jurors in court begins January 15, interestingly Dr. Martin Luther King’s actual birthday (although the holiday is observed in the U.S.A. on the 19th). One thing I can correct: since Witherspoon v. Illinois (1968), it has been unconstitutional to excuse for cause [...]

  • Margo Schulter commented on the diary post Boston Bombing News: The Stacked Deck and the Death Penalty by lauraw.

    2015-01-11 17:57:59View | Delete

    lauraw, thank you for this excellent article; and jane24, for your comment @1 also! Here’s a quote from Lydia Maria Child in 1842: “In looking at Capital Punishment in its practical bearings on the operation of justice, an observing mind is at once struck with the extreme uncertainty attending it. The balance swings hither and thither, [...]

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