In This Issue
Recent News
Midwin Charles received an award for her work in the Haitian community from the Haitian American Lawyer's Association of New York

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A TRIP DOWN MEMORY LANE
Over the past ten years, MC&A has kept you abreast of the biggest and best legal news stories. Here's a look at some of the highlights:
HEADLINERS:
Roman Polanksi
Remember this guy? The famed filmmaker was the entire buzz when he was arrested in Zurich, Switzerland on a rape conviction that was handed down 30 years prior. In 1976, Polanski pled guilty to sexually abusing, then 13 year-old, Samantha Griemer. However, the day before sentencing, Polanski fled the U.S. for fear of being handed down a 50-year sentence and for years, he managed to escape punishment by remaining in those countries that do not have extradition treaties with the United States. The Swiss government ultimately freed Polanski but, the story does not end there.  The Polish government is now revisiting the situation to determine whether or not it will entertain an extradition request from the U.S. filed last year.  

David Letterman
Polanski isn't the only celebrity who made headlines for sexual assault. On October 1, 2009, David Letterman, host of The Late Show, admitted on air to having sexual relations with women in the workplace. Letterman claimed they were all consensual but, when dealing with men in positions of power, many are of the opinion that the women felt they did not have a choice in the matter. 

Michael Jackson
On June 5, 2009, the King of Pop died from  cardiac arrest in his Los Angeles home. Jackson's doctor, Conrad Murray, came under fire for prescribing medications to Jackson which contributed to his death. Murray was charged with manslaughter and in November 2011, he was convicted of involuntary manslaughter for the death of Michael Jackson.

Amanda Knox
In 2009, American student Amanda Knox was convicted in an Italian court for the murder of her roommate, Meredith Kercher. Knox and Kercher were studying abroad in Italy and shared an apartment together. When Kercher was found stabbed to death in the apartment, Knox and her boyfriend Raffaele Sollecito were pinpointed by Italian police. The dramatic trial ended in a conviction for Knox. However, an appeal led to the conviction being overturned and Knox was freed in 2011. 


Trayvon Martin
On February 26, 2012, 17 year-old Trayvon Martin was killed by George Zimmerman while walking home from a convenience store. Zimmerman claimed that young Martin, who was wearing a "hoodie" sweatshirt, looked suspicious and ended up shooting and killing the African-American boy after a scuffle broke out. Zimmerman claimed self-defense under Florida's Stand Your Ground law. After national outcry, on April 11, 2012, Zimmerman was charged with second degree murder and in 2013, he was acquitted of those charges. Since the Trayvon Martin case, racial tensions throughout the nation have continued to  rise and violence against African-Americans has found its way to the forefront of the media, eventually sparking the Black Lives Matter movement.

THE SUPREMES:
The Supreme Court of the United States (SCOTUS) gets its own special recognition. For years, they've been laying down the law in some of the most controversial legal cases and MC&A would like to remind you of those we've come across the past 10 years:

Abortion
Abortion is a topic that has divided the nation for years. The issue first came to the Court in 1973 in the landmark case of Roe v. Wade, where a woman's right to an abortion was held to be constitutionally protected. However, in 2007, the SCOTUS upheld a 2003 law banning partial-birth abortions. In Gonzales v. Carhart, the Court ruled in a 5-4 decision that a ban on late term abortions conducted via partial-birth does not place an undue burden on women and that the government has a legitimate interest in protecting fetal life. 

Gay Marriage
hands The beginning of the end of the Defense Of Marriage Act (DOMA) and the protection of gay marriage began in California in 2010 when a California judge ruled that California's Prop 8 - it's law banning gay marriage - was unconstitutional. The judge determined that the law violated the Equal Protection Clause of the U.S. Constitution. Then, in 2015, the landmark decision of Obergefell v. Hodges was reached wherein the SCOTUS ruled in a 5-4 decision that marriage is a fundamental right shared by all Americans. 

Gun Rights
Does the Second Amendment give individuals the right to carry a handgun? Some might say it depends on who you ask, but in 2008, the SCOTUS weighed in on the debate. In the case District of Columbia v. Heller, the Court overturned a D.C. ban on handguns, ruling that the Second Amendment does in fact protect an individual's right to bear arms for self-defense. 

Corporations' Rights
When it comes to elections and spending, individuals and corporations like to throw their weight around via dollar signs, backing candidates by funding campaigns. Corporations often have a lot more money to spend and many people believe that supporting a particular candidate could be a way for a corporation to influence policy-making in its favor. In 2008, the FEC had just this concern and attempted to limit corporate spending in elections. The SCOTUS disagreed and in Citizens United v. Federal Election Committee, the Court ruled that the First Amendment treats corporations and individuals alike and therefore, corporate spending could not be restricted. 

Affirmative Action
In 2014, the Supreme Court took up the issue of affirmative action and whether or not schools could take race into account when making admissions decisions. In Schuette v. BAMN, the Court upheld a Michigan voter initiative banning the state's public universities from considering race in the admissions process. While the Court said there would be instances in which race-conscious admissions would be constitutional, such practices would no longer be constitutionally required.

AND NOW BACK TO OUR REGULARLY SCHEDULED PROGRAMMING...

IN THE HEADLINES

JURIES: BEHIND THE SCENES
During a time when racial tensions are high and suspicion of a system stacked against minorities is growing, the Supreme Court is tasked to tackle an issue that could ferret out racial bias in the justice system. On October 11, 2016, the U.S. Supreme Court heard oral arguments on Peña-Rodriguez v. Colorado, to determine whether jury deliberations should remain secret where evidence is uncovered that jurors came to their decision based upon racial or ethnic bias. This case made its way to the Supreme Court after a juror in a 2010 sexual assault trial stated to his fellow jurors that he believed the defendant, a Mexican-American, committed the crime because, "he's Mexican, and Mexican men take whatever they want." The jury found Peña-Rodriguez guilty of three misdemeanors and he was sentenced to two years' probation. Chief Justice John G. Roberts, Jr. stated during oral argument that in allowing this exception to deliberations, they would be opening the door to a number of cases arguing against jury secrecy, with the next most likely being one based upon religion. However, Justice Sonia Sotomayor responded by pointing out that racial bias in the justice system is a particularly salient issue. While this particular case is narrowly tailored to address pulling back the curtain on racially biased deliberations, the Court's decision could lead to a larger change in a system historically veiled in secrecy.

DERRICK ROSE
Trial is well under way for New York Knicks point guard Derrick Rose, who is locked in civil litigation stemming from allegations that Rose and two of his friends raped a woman in California. The woman, whose identity has remained confidential, came forward with allegations that on August 27, 2013, the three defendants gave her a date-rape drug and then had non-consensual sex with the woman. The plaintiff is seeking $21.5 million in damages. The trial began on October 4, 2016 with the big question jurors must answer being whether or not on August 27, 2014, Rose and his co-defendants had consensual sex with the plaintiff.During a time when racial tensions are high and suspicion of a system stacked against minorities is growing, the Supreme Court is tasked to tackle an issue that could ferret out racial bias in the justice system. On October 11, 2016, the U.S. Supreme Court heard oral arguments on Peña-Rodriguez v. Colorado, to determine whether jury deliberations should remain secret where evidence is uncovered that jurors came to their decision based upon racial or ethnic bias. This case made its way to the Supreme Court after a juror in a 2010 sexual assault trial stated to his fellow jurors that he believed the defendant, a Mexican-American, committed the crime because, "he's Mexican, and Mexican men take whatever they want." The jury found Peña-Rodriguez guilty of three misdemeanors and he was sentenced to two years' probation. Chief Justice John G. Roberts, Jr. stated during oral argument that in allowing this exception to deliberations, they would be opening the door to a number of cases arguing against jury secrecy, with the next most likely being one based upon religion. However, Justice Sonia Sotomayor responded by pointing out that racial bias in the justice system is a particularly salient issue. While this particular case is narrowly tailored to address pulling back the curtain on racially biased deliberations, the Court's decision could lead to a larger change in a system historically veiled in secrecy. 

IN THE NEWS

UNDER FIRE: Police Officers Across the Nation Facing Trials 
On August 4, 2016, former police officer Stephen Rankin of Virginia was convicted of voluntary manslaughter for shooting and killing an unarmed black man last year. Rankin, a 36 year-old white man shot 18 year-old William Chapman outside a Wal-Mart after a store security guard accused Chapman of shoplifting. Rankin's conviction is a rarity as jurors often give police officers leeway, understanding the difficult and complexity of their jobs. However, with the public outcry over police violence towards African Americans, such leeway is coming under fire and there may be a shift in the tide, with Rankin being the first in what many hope will be a new trend. 

And a new trend it may be. On September 30, 2016, Tulsa, Oklahoma police officer Betty Shelby was charged with first degree manslaughter for shooting and killing Terence Crutcher, an unarmed black man. Public outrage broke out when a police video was released showing the entire encounter. Crutcher's car had broken down and in the video, Crutcher is seen walking along the road with his arms raised in the air. When he turned to head towards his car, Shelby fired the fatal shot. Shelby claims that Crutcher failed to obey her commands and she feared he was trying to retrieve a weapon from his vehicle. Shelby has pleaded not guilty to the charges.

Meanwhile, in Baltimore, Maryland, charges against those police officers involved with the death of Freddie Gray were all dropped. On July 27, 2016, the three remaining police officers facing charges after Freddie Gray's fateful police fan ride in 2015 were freed from the grips of the justice system. Baltimore State's Attorney Marilyn Mosby told the press she agonized over the decision to drop the charges but, at the end of the day, there was not sufficient evidence to move forward with the charges. Gray died from neck and spinal injuries sustained when officers failed to properly secure him inside a police van during transport. While the officers will no longer face criminal charges, they still face administrative reviews.

These cases, and the many incidents of police violence against African-Americans, have created a divide in the nation between those believing the system to be fraught with racial bias and those believing that police officers should be supported for the difficult job they face each and every day. Either way, the Rankin and Shelby cases prove at the very least that perhaps police officers will be held more accountable for their actions and at most that our country is moving towards a day when our men in blue stop seeing in black and white.

Sources: "White cop convicted of manslaughter for shooting unarmed black man outside Va. Walmart," by Michael E. Miller, August 5, 2016, The Washington Post; "White Tulsa officer charged in death of black man, freed on bond," by Peter Holley and Katie Zezima, September 23, 2016, The Washington Post; "Tulsa police officer pleads not guilty in shooting death," by Steve Almasy, September 30, 2016, CNN; "Freddie Gray case: charges dropped against remaining officers," by Carolyn Sung and Catherine E. Schoichet, July 27, 2016, CNN

Infinite Possibilities of the Law Degree (IPLD) 
Watch our video from IPLD 2013 with our featured speaker Lisa Bloom.
Midwin Charles & Associates Presents: Infinite Possibilities of the Law Degree
Midwin Charles & Associates Presents:
Infinite Possibilities of the Law Degree
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