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Agg. Burglary, Fel. Assault, Heat of Passion, Consecutive Sentences
The most potent argument against judicial activism is that parties who have failed to achieve their political objectives through the legislative process, or by petitioning administrative or regulatory agencies, turn to sympathetic or malleable judges to try to get what they have failed to get through the political process. Unfortunately, in Massachusetts et. al. v. Environmental Protection Agency et. al., a majority on a divided Supreme Court engaged in precisely the kind of judicial activism that people on all sides of the ideological spectrum correctly deplore. In short, the popular passions around global warming carried the day, rather than calm legal precedent and thought.
A Paterson man was convicted of passion-provocation manslaughter Wednesday in the shooting death of a city resident during a 2007 street fight. Jurors seated before state Superior Court Judge Joseph A. Portelli in Paterson spared 32-year-old Rasheem White the most serious charge he faced -- murder -- which carries a potential prison term of 30 years to life.
For millions of moviegoers -- Christian and otherwise -- who hold either romanticized or arms-length mental images of Jesus Christ's suffering and crucifixion, filmmaker Mel Gibson has set out to change not only minds but hearts. And while the result reportedly isn't pretty, neither will it be easily forgotten, according to those who have seen "The Passion of the Christ." Which is precisely what the Hollywood-actor-turned- filmmaking-evangelist wanted.
A teenage murder suspect faces six to 25 years in prison under a plea deal submitted to a judge Wednesday over the objections of the victim's family. Eric Manly, 16, pleaded guilty to second-degree murder committed in the heat of passion in the Nov. 21 shooting death of 19-year-old Jack Smith. In exchange, prosecutors agreed to dismiss other charges against him, including attempted murder.
A state court jury in Paterson completed its first day of deliberations Tuesday without reaching a verdict in the trial of Joseph Pallipurath, 29, of Sacramento, Calif., charged with the 2008 murder of two people and the attempted murder of a third in a Clifton church. Around midday, jurors asked state Superior Court Judge Salem Ahto to define "heat of passion" because passion-provocation manslaughter is among the forms of homicide they are considering. The prosecution argues Pallipurath is guilty of murder and attempted murder because his actions were knowing and purposeful; the defense argues he was provoked into the throes of passion. Passion-provocation manslaughter carries a five- to 10-year prison sentence. Murder carries 30 years to life.
On Aug. 26, 2001, Terrell Jackson committed a heinous crime. He murdered an elderly woman, Ruth Philips, while robbing her home. Jackson swears that her death was unintentional, but this brings little comfort to her bereaved family. In fact, most murders are not premeditated, but are committed by people who are in the act of committing a lesser crime, mentally ill, drunk, high on drugs or in the heat of passion. This is certainly not to excuse these crimes, for there is no excuse. How could they take a life? Today, at 9 p.m., a date and time scheduled months ago, a presumably sane and sober state, the commonwealth of Virginia, will take the life of Jackson. Clearly, this will be a premeditated action.
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