An Open Letter From Your Lawyer: We Don’t Know What We’re Doing.

Hello!

So here we are, in the midst of a pandemic the likes of which hasn’t been seen in the United States in over a century, and we here at the Law Offices of Boozy Barrister would like to reassure and comfort all of our clients. We know that you have many questions regarding this virus, COVID-19, and how it may have an effect on your pending legal matters, your plans, hearings, bankruptcy payments, child support obligations, custody hearings, evictions, etc. We greatly appreciate you reaching out to us and providing us with the opportunity to address your questions as they arise. However, due to the sheer volume of calls and emails we have been receiving over the past month, our partners have all ascended from their well-stocked emergency bunkers and gathered six feet apart in the conference room to draft this open letter to reassure you:

We have no goddamn clue what we’re doing.

Continue reading “An Open Letter From Your Lawyer: We Don’t Know What We’re Doing.”

FurPlanet’s Furry Friday – The Law of Donations

Good Morning (or Afternoon, you know, whatever time it may happen to be when I get this post up. I’m a busy man.) and welcome back to the triumphant return of Furry Friday here on Lawyers & Liquor, brought to you by FurPlanet! Want a bit of furry reading to do? Need a comic that you haven’t seen on the shelves in years? Just want to convince them that investing in sponsored posts on my site wasn’t a horrible use of their time and money? Drop to all fours and dart over to Furplanet to peruse their collections of literature! Plus, and I want to point this out, these folks have been really patient with me over the past year of getting the site back up and going, so they really deserve the love from you.

Additionally, let me give a “lots of love” shoutout to my Blended Whiskey level Patreon supporters, who you can find listed here. I don’t know why you folks keep handing me monthly money, but you do, and I will gladly accept it.

That said, let’s fling open the cages to the technicolor zoo and discuss a topic that tends to hit pretty goddamn hard in the furry community: the giving of money or goods to others or charities in order to help them out. Specifically, what you can and can’t do when you make a charity bid, give to someone who’s about to be on the street, or donate to a good cause.

Even more specifically, why you don’t have any goddamn right to take that money back.

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The Model Penal Code and Trent’s Teabagging: Insanity as a Defense, Part 4.

Welcome back to Lawyers & Liquor where we’re going to keep the crazy train slamming down the tracks today as we lean into part 4 of our examination of the insanity defense in the courts!

If you missed the first three posts discussing the evolution of the insanity defense through the ages, the M’Naghten rule, the Durham rule, and what the hell an irresistible impulse is, you can find those here,  here, and here respectively. You don’t really need to read them to understand today’s discussion of the fourth insanity as a defense standard, the “substantial capacity” test, but I’d really suggest it because – as you’ll see in a few – they all sort of tie together in how we got here.

So with that said, let’s get what is essentially a criminal law review out of the way so in a year some law student can be like “Wow, this was really unhelpful and confusing! Thanks Boozy!”

But first, let’s get the form disclaimers out of the way.

Continue reading “The Model Penal Code and Trent’s Teabagging: Insanity as a Defense, Part 4.”

“Policeman At The Elbow”: Insanity as a Defense, Part 3.

Welcome back to Lawyers & Liquor where we’re going to keep the crazy train slamming down the tracks today as we lean into part 3 of our examination of the insanity defense in the courts! If you missed the first two posts, where we examined M’Naghten and Durham as standards by which to determine if a defendant has the proper mental state to be guilty of a crime, you can find those here and here respectively. but we’ve got a lot of ground to cover today, so we’re just going to dive in without much of a recap because I don’t see why it’s my responsibility to summarize a bunch of shit for you. Seriously. Go read them. I’m not your momma.

But first, let’s get the form disclaimers out of the way.

Continue reading ““Policeman At The Elbow”: Insanity as a Defense, Part 3.”

Durham and the Little Man of Reason: Insanity as a Defense, Part 2

Welcome back to Lawyers & Liquor and oh my god has this series become somewhat in bad taste since I started writing it last week. Over the recent weekend there were two mass shootings in the United States, killing in excess of thirty people and wounding many others, and the national conversation has gone to the most reasonable place ever since then: mental health care. Because, of course, no matter what happens it can’t be the availability of firearms that can empty out thirty shots in less time than it takes to read this post, reload, and empty out thirty more. No, the real problem is that all of the people who engage in mass shootings are obviously mentally unsound…which is a no shit statement because generally mentally sound people don’t consider “shooting a bunch of people in a retail store is the perfect way to express myself” to be a reasonable conclusion to reach.

However, as we talked about last time, merely being mentally unsound isn’t enough to properly defend the actions of an accused party in court. And nothing we’re going to talk about today is going to change that shit, because while M’Naghten, in some form, is still the majority rule throughout the United States, even under the tests used by the minority of states to make a determination of whether insanity relieves a party of criminal liability the standard still wouldn’t be met simply be means of mental defect. That’s right, today we’re going to examine the three other tests used to determine whether or not a defendant’s insistence that they shouldn’t be punished because of their mental state is,unlike their alleged mentality, sound.

But first, a disclaimer.

Continue reading “Durham and the Little Man of Reason: Insanity as a Defense, Part 2”