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Pirates on trial - mock trial, that is

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Indiana University Robert H. McKinney School of Law professor George Edwards posed the question, “What would you do if a pirate were to appear as a piracy defendant in your courtroom?” to a group of Indiana judges this summer. Serving as a professor at the Indiana Judges Graduate Program held June 3 – 7 in Nashville, Ind., Edwards led 30 state court judges through a mock trial designed to demonstrate how international law is relevant to Indiana law and practice.

Judges played the roles of prosecutors, defense counsel, witnesses and judges in a mock case involving two young Somali citizens who were charged with engaging in piracy of an Indiana ship attacked while sailing off the coast of East Africa. The hearing focused on whether an Indiana state court could conduct a trial involving the alleged pirates, Somali twins who claimed to be juveniles. Participants argued points of international human rights law, U.S. constitutional law, and Indiana criminal law and procedures.

The Indiana Graduate Program for Judges is sponsored by the Indiana Judicial Center and is part of an effort to promote continuing education for judges.
 

judges-photo-june-2012-15col.jpg (Photo submitted)

Shown here in the front row (from left) are Senior Judge Betty Barteau, Indiana Justice Robert Rucker, Hamilton Superior Judge Gail Bardach, Vanderburgh Superior Judge Richard D’Amour, Elkhart Superior Judge Stephen Bowers, Edwards, Madison Superior Judge G. George Pancol, Cass Superior Judge Rick Maughmer, Tippecanoe Superior Judge Michael Morrissey, Marion Superior Judge Carol Orbison, Indiana Court of Appeals Judge Elaine Brown, Allen Superior Magistrate Marcia Linsky, Hendricks Superior Judge Stephenie LeMay-Luken, LaPorte Superior Judge Kathleen Lang, LaPorte Circuit Magistrate Greta Friedman, Lake Superior Magistrate Michael Pagano, and Lake Superior Judge Elizabeth Tavitas.

In the back row (from left) are Marion Superior Judge James Osborn, Indiana Court of Appeals Judge John Baker, Dearborn Superior Judge Jonathan Cleary, Indiana Justice Frank Sullivan Jr., Jasper Superior Judge James Ahler, Benton Circuit Judge Rex Kepner, Johnson Superior Judge Kevin Barton, Clark Circuit Judge Jerry Jacobi, LaPorte Superior Judge Richard Stalbrink, Hamilton Circuit Judge Paul Felix, Noble Superior Judge Robert Kirsch, Bartholomew Superior Judge Kathleen Coriden, DeKalb Superior Judge Monte Brown, Marion Superior Magistrate Geoffrey Gaither, and I.U. Maurer School of Law professor Charles Geyh.

Standing on the back porch (from left) are Rt. Hon. Lord Iain Bonomy of Scotland, New York Law School Professor Edward Purcell, Putnam Circuit Judge Matthew Headley, Senior Judge Randall T. Shepard, Monroe Circuit Judge Valeri Haughton, Allen Superior Judge Fran Gull, and Marion Superior Judge Marc Rothenberg.•

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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