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Topic: Moral Court

	Lex View 44.0 - Moral Reasoning, Extradition, and the Death Penalty
		The Court rightly perceived that “the real issue here is the death penalty.” It refused to decide the case on the rather artificial basis of mobility rights, insisting that “[t]he death penalty is overwhelmingly a justice issue” and “[t]he death penalty issue should be confronted directly and it should be confronted under sec.
		The Court draws a distinction between issues in the case, which are matters of “general public policy” on the one hand, and issues which reside within “the inherent domain of the judiciary as guardian of the justice system” on the other.
		The Court is not, however, guilty of the conventional complaint that its decision is somehow undemocratic simply because it refused to defer to the decision of the Minister, or that its underlying position on the morality of capital punishment stood opposite to the will of the majority.
	www.culturalrenewal.ca /lex/lex-44.htm (2481 words)

	Notes - Model Code of Professional Responsibility
		Attorneys are officers of the court appointed to assist the court in the administration of justice.
		Perhaps the best general definition of the term 'moral turpitude' is that it imparts an act of baseness, vileness or depravity in the duties which one person owes to another or to society in general, which is contrary to the usual, accepted and customary rule of right and duty which a person should follow.
		All too frequently courts are called upon to review actions of defense counsel which are at the most, errors of judgment, not properly reviewable or habeas corpus unless the trial is a farce and a mockery of justice which requires the court to intervene.
	www.law.cornell.edu /ethics/aba/mcpr/NOTES.HTM (15153 words)

	OpinionJournal - AT LAW
		They claim that conservative critics of the court threaten the independence of the judiciary, as though independence is a warrant to abandon the Constitution for personal predilection.
		The court has converted itself from a legal institution to a political one, and has made so many basic and unsettling changes in American government, life and culture that a counterattack was inevitable, and long overdue.
		To restore the court's integrity will require a minimum of three appointments of men and women who have so firm an understanding of the judicial function that they will not drift left once on the bench.
	www.opinionjournal.com /forms/printThis.html?id=110006940 (700 words)

	Sunstein: Court not 'moral compass'
		Sunstein also emphasizes the need for the court to be alert to the unintended bad consequences of its rulings and to its own lack of relevant information.
		Sunstein points to the infamous Dred Scott case as an example of a failed attempt by the Supreme Court to rule on a broad, controversial issue before the public debate was settled.
		The court could have avoided the controversial issues in the case by deciding the case on more narrow issues, such as saying the Missouri law controlled the question of Scott's legal status, Sunstein says.
	chronicle.uchicago.edu /980430/sunstein.shtml (673 words)

	LEXIS-NEXIS® Academic Universe - Document
		In a moral character proceeding, the applicant must first establish a prima facie case that he or she possesses good moral character; the State Bar may then rebut that showing with evidence of bad moral character.
		The Committee [985] asserts its assessment of moral* fitness is entitled to greater weight than the State Bar Court's decision because it retains the sole statutory authority to certify applicants for admission to this court.
		Thus, the determinations of both the Committee and the State Bar Court as to moral fitness play an integral role in the ultimate decision by this court whether to admit an individual to the practice of [***17] law, and both are entitled to substantial weight within their respective spheres.
	www.loris.net /onken/nationalcases/CALmenna(toughcase).htm (5056 words)

	Court Programs (Site not responding. Last check: 2007-10-23)
		The primary purpose of the requirement of good moral character is to ensure protection of the participants in mediation and the public, as well as to safeguard the justice system.
		In early 1991, the Florida Supreme Court Standing Committee on Mediation and Arbitration Rules was commissioned by the Chief Justice to research, draft and present for adoption both a comprehensive set of ethical standards for Florida mediators and procedural rules for their enforcement.
		Such motion shall pray for the issuance of an order to show cause before the circuit court why the circuit court should not find the person in contempt of the complaint committee, the qualifications complaint committee, or the panel and the person should not be punished by the court therefor.
	www.flcourts.org /gen_public/adr/certrules.shtml (8378 words)

	Lex View 19.0 - Obscene Expressions: Court Affirms Moral Responsibilities of Government
		The BC Court of Appeal held that Butler was concerned with obscenity in general, and not limited to heterosexual obscenity as the Bookstore contended.
		The Court rightly resisted the Bookstore's invitation to narrowly redefine the harm caused by obscene materials as only the harm which is caused to the audience for which it is intended.
		It also assists parents in the moral education of their children, by clearly stating to children, (who lack mature discernment, and to whom the state owes a special responsibility), that human sexuality has beauty within the context of consensual relationship, and that that value is diminished by degrading and dehumanizing sexual representations.
	www.culturalrenewal.ca /lex/lex-19.htm (2015 words)

	"Supreme Injustice: How the High Court Hijacked Election 2000"
		Because the Supreme Court lacks the legitimacy and accountability that come with election and the power that derives from the sword and the purse, its authority rests on public acceptance of its status as a nonpartisan arbiter of the law.
		The Court stepped in when the other branches of government were unwilling or unable to enforce the constitutional rights of unpopular minorities.
		The Supreme Court's moral capital will certainly be needed again in our future, and so it is a tragedy that it has been dissipated for short-term partisan gain in a case in which the Supreme Court had no proper role.
	www.rpi.edu /~winner/Dersch.html (1403 words)

	THE CADAVER POLITIK :: Abortion — from Moral Philosophy: Theories and Issues by Emmett Barcalow (Site not responding. Last check: 2007-10-23)
		Similarly, the Court majority ruled that the state may not interfere with a woman's decision about abortion for reasons of protecting potential human life until the time of viability, when the fetus is capable of surviving outside its mother's womb (with or without medical aid).
		After all, the moral convictions of the framers of the Constitution influenced their decisions about the Constitution; the moral convictions of legislators influence their decisions about what laws to make or not make; the moral convictions of ordinary citizens influence their decisions about whom to vote for and what laws to support or oppose.
		The highest moral standing is full personhood, but because organisms can have none, some, or all of the characteristics associated with full personhood, and because many of these characteristics are themselves a matter of degree, there are degrees of personhood.
	www.cadaverpolitik.com /abortion.htm (6197 words)

	OSCN Found Document:BALLARD v. INDEP. SCHOOL DIST. NO. 4 OF BRYAN COUNTY
		The Court held that this was a crime involving moral turpitude and affirmed the action of the Board of Governors of the Registered Dentists of Oklahoma in revoking his license.
		The Court affirmed a district court judgment that sustained the board of education's decision to dismiss a teacher for several infractions, including moral turpitude because she falsified disciplinary reports.
		The Court considered the circumstances surrounding the allegations and held that a conviction of public drunkenness was generally not the kind of offense that signified an inherent quality of baseness, vileness or depravity denoting moral turpitude.
	www.oscn.net /applications/oscn/deliverdocument.asp?cite=2003+OK+76 (2813 words)

	Use of Bibles casts out death verdict \| The San Diego Union-Tribune
		DENVER – Colorado's highest court upheld a lower court's decision yesterday throwing out the sentence of a man who was given the death penalty after jurors consulted their Bibles in reaching a verdict.
		In the decision yesterday, the dissenting judges said the majority had confused the internal codes of right and wrong that juries are expected to possess in such weighty moral matters with the outside influences that are always to be avoided like newspaper articles or television programs about the case.
		Most states that have restored the death penalty weave in a discussion of moral factors, lawyers said, along with the burden that jurors must decide whether aggravating factors outweigh mitigating factors in voting for or against execution.
	www.signonsandiego.com /uniontrib/20050329/news_1n29colo2.html (735 words)

	Serie D - No. 15 - No. 9
		The Court has not had occasion to address the specific question raised in the instant case: whether the moral damage suffered by a tribe arising as the direct result of a member's death due to violations of the Convention is fully compensable.
		Professor Garcia-Amador identified that moral damage arising in the case of death is ¬determined by the close relationship between the third party and the deceased¬.
		Amicus respectfully requests the Court to accept the attached reports detailing the observations of an expert on Saramacan culture, who is also a medical doctor, as to the moral damage sustained by the families and by the tribe.
	www1.umn.edu /humanrts/iachr/D/15-esp-9.html (2797 words)

	NJ Supreme Court Defines Moral Teachings as Bigotry
		For judges to say that "current law, public policy, and social mores" must be given precedence over thousands of years of religious teaching represents an unequaled act of judicial arrogance and a threat to religious freedom which demands an immediate response.
		If the courts of NJ can decide what is moral and what is not, and impose this belief on private organizations, it is only a matter of time before they impose their views on other religious institutions.
		An open avowal of homosexuality must be taken, at the least, as an expression of an intention to engage in sexual activity outside marriage and therefore is prima facia evidence of immoral intentions.
	www.fathersforlife.org /dale/njscout.html (786 words)

	The New York Review of Books: A Special Supplement: The Jurisprudence of Richard Nixon
		The Supreme Court may soon decide, for example, whether capital punishment is "cruel" within the meaning of the constitutional clause that prohibits "cruel and unusual punishment." It would be a mistake for the Court to be much influenced by the fact that when the clause was adopted capital punishment was standard and unquestioned.
		Contrary to the skeptical theory, this assumes that citizens do have moral rights against the state beyond what the law expressly grants them, but it points out that the character and strength of these rights are debatable and argues that political institutions other than courts are responsible for deciding which rights are to be recognized.
		It is moral progress, and though history may show how difficult it is to decide where moral progress lies, and how difficult to persuade others once one has decided, it cannot follow from this that those who govern us have no responsibility to face that decision or to attempt that persuasion.
	www.nybooks.com /articles/10204 (7978 words)

	ROPER V. SIMMONS
		Although the Court finds support for its decision in the fact that a majority of the States now disallow capital punishment of 17-year-old offenders, it refrains from asserting that its holding is compelled by a genuine national consensus.
		However, the Court argues that a categorical age-based prohibition is justified as a prophylactic rule because “[t]he differences between juvenile and adult offenders are too marked and well understood to risk allowing a youthful person to receive the death penalty despite insufficient culpability.” Ante, at 19.
		The Court’s proportionality argument suffers from a second and closely related defect: It fails to establish that the differences in maturity between 17-year-olds and young “adults” are both universal enough and significant enough to justify a bright-line prophylactic rule against capital punishment of the former.
	supct.law.cornell.edu /supct/html/03-633.ZD.html (5630 words)

	-- Beliefnet.com
		I also believe the Court has a right and an obligation to protect the life of the survivable twin, up to and including overriding the parents' convictions when a child's life is at issue.
		Where I disagree with the High Court is in its attempt to reject that there was any moral dimension to its decision, and that it was guided merely by the law.
		That does not mean, however, that it is not and should not be a moral court, anchored in long-standing legal traditions informed by morality and profound respect for human life.
	www.beliefnet.com /story/51/story_5102_2.html (423 words)

	Supreme Court Voids Moral Convictions (Site not responding. Last check: 2007-10-23)
		The Court recently ruled that when believers help pass laws that express disapproval of certain behaviors, that in itself constitutes hating the sinner.
		The Supreme Court is now on record as insisting that any law refusing special rights to homosexuals creates an "inevitable inference of animus"-regardless of the facts.
		Moral opposition to homosexual behavior was redefined as hatred of homosexual people.
	members.iquest.net /~macihms/Christian/Ccomm/Colson.html (700 words)

	Colorado Court Bars Execution Because Jurors Consulted Bible
		DENVER, March 28 - In a sharply divided ruling, Colorado's highest court on Monday upheld a lower court's decision throwing out the sentence of a man who was given the death penalty after jurors consulted the Bible in reaching a verdict.
		In the decision on Monday, the dissenting judges said the majority had confused the internal codes of right and wrong that juries are expected to possess in such weighty moral matters with the outside influences that are always to be avoided, like newspaper articles or television programs about the case.
		Most states that have restored the death penalty weave in a discussion of moral factors, lawyers said, along with the burden that jurors must decide whether aggravating factors outweigh mitigating factors in voting on execution.
	www.thepowerhour.com /news/consulted_bible.htm (876 words)

	A Courageous Court Decision -- Moral Clarity and Legal Restraint in New York
		The first wave of media coverage focused on the fact that the court found no basic constitutional right to same-sex marriage and declared that any change in the state's marital law would have to come from the legislative branch.
		That passage is filled with moral wisdom known to all previous generations of humanity -- but a wisdom all too often rejected in today's context.
		A court should not lightly conclude that everyone who held this belief was irrational, ignorant or bigoted.
	www.albertmohler.com /blog_read.php?id=718 (850 words)

	Moral Court - AOL Television
		Win up to $2,000 for having the right ethics that’s what the 'Moral Court' was all about.
		Moral Judge Larry Elder solved over 630 moral cases on this show, everything from should a 14 year-old girl be allowed to wear make-up to should a mother of young children join the National Guard.
		You be the judge and give your verdict on the 'Moral Court' message boards.
	television.aol.com /in2tv/moral-court-tv (88 words)

	Pledge of Allegiance Unconstitutional - Court System - Moral Poverty - Thomas D. Segel - Men's News Daily™
		In a nation where the vast majority of citizens profess their belief in God, our courts have ruled there is no place for His word, His praise or His glory in any public place from the schoolroom to the City Park.
		The courts have scanned our Internet and deemed the disgusting denigration of children cannot be classified as pornography, if the images of children’s sex acts are computer generated. This too, is freedom of speech.
		The courts have sanctioned vulgarity, lewdness, displays of homosexual behavior, crudeness of action, conduct and languageall as the individual’s right of expression.
	www.mensnewsdaily.com /archive/s/segel/02/segel062702.htm (460 words)

	The Supreme Court and Moral Anarchy
		So writes Robert Bork, a former judge on the U.S Court of Appeals, in what is arguably one of the clearest and most timely expositions of the fundamental abuses which plague the institution of the Supreme Court.
		And it is the Supreme Court, in its present form, as little more than the left’s “political weapon”, which is the most powerful and most outspoken advocate of that destructive spirit.
		If he should fail to restore the court’s integrity, however, he will be responsible for plunging his nation further into disunity, and pushing it further into the mire of moral relativism.
	www.lifesite.net /ldn/2005/jul/05071211.html (429 words)

	Moral Court Tv (Site not responding. Last check: 2007-10-23)
		"Moral Court" debuted in 135 stations and won its time spots in three cities, including Las Vegas and L.A., where it traded on the talk show host's name recognition.
		Two years later, some of those outlets continue to stick with "Moral Court." "A bartender in Boston was surprised when I told him my show was canceled.
		Patricia Burslem Ferranda is due in Passaic County Court in downtown Paterson at 1:30 p.m.
	www.electronicweekly.co.uk /tv/moral_court_tv.html (1106 words)

	Tuesday, March 29
		But late last month, the administration informed the Supreme Court that the White House had decided the United States would abide by the treaty and the World Court ruling "by having state courts give effect" to the decision in state court proceedings for Medellin and others affected by it.
		Along those lines, the Court was told Monday that Medellin's Texas lawyers over the weekend initiated a state habeas corpus appeal in Texas courts to begin the appeal process hinted at in the Bush statement.
		Justice Antonin Scalia, the Court's most vocal opponent of allowing foreign laws and norms to influence Supreme Court decisions, suggested in several questions that he did not think a treaty could "give away" the final authority of the Supreme Court to decide constitutional questions.
	www.aclufl.org /news_events/alert_archive?action=viewRelease&emailAlertID=936 (3432 words)

	Respecting national anthem a moral duty: Court - Sify.com
		Indore: A local court in Indore has ruled that not standing at attention during the national anthem is not prima facie a crime.
		The court ruling came while dismissing a petition filed against Bihar Chief Minister Rabri Devi and Railway Minister Lalu Prasad for remaining seated during the rendition of the national anthem at a function.
		The court held that the photograph did not establish whether the national anthem was being played at the time and the seated couple had not caused any "obstruction" to the ceremony.
	sify.com /news/fullstory.php?id=13662969 (254 words)

	titusonenine » Blog Archive » The Supreme Court and Moral Decision Making
		Not long ago, Supreme Court Justice Antonin Scalia condemned what he called the era of the “judge-moralist,” arguing that on highly controversial moral issues, such as abortion and homosexual marriage, decisions should be made by the public rather than by courts.
		But life in general involves moral decisions, and each of us is called upon daily to make moral choices.
		Scalia is head and shoulders above the majority of the Court in seeking to leave moral law-making decisions to the people and their elected representatives.
	titusonenine.classicalanglican.net /?p=13053 (424 words)

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