Happy New Year from all of us at Brown, Rowland & Kelly.  "Be always at war with your vices, at peace with your neighbors, and let each new year find you a better man." 
Benjamin Franklin

The following quote, Deuteronomy 19: 15-20 sets forth the Biblical requirement that crimes must be proven by two or more witnesses.  Is this useful to bring up  in voir dire or in closing?  In her seminal work, Jury Dynamics, LexisNexis 2nd ed., Dr. SunWolf sets forth some questions that attorneys can use in voir dire to uncover religious attitudes.  I would be interested to know what people think about this issue.  I think that it would be proper in retort to a prosecutor who invokes the biblical refrain, "an eye for an eye."

One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sinneth; at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established. Num. 35.30 · Deut. 17.6 · Mt. 18.16 · 2 Cor. 13.1 · 1 Tim. 5.19 · Heb. 10.28  If a false witness rise up against any man to testify against him that which is wrong; then both the men, between whom the controversy is, shall stand before the LORD, before the priests and the judges, which shall be in those days; and the judges shall make diligent inquisition: and, behold, if the witness be a false witness, and hath testified falsely against his brother; then shall ye do unto him, as he had thought to have done unto his brother: so shalt thou put the evil away from among you. And those which remain shall hear, and fear, and shall henceforth commit no more any such evil among you. And thine eye shall not pity; but life shall go for life, eye for eye, tooth for tooth, Ex. 21.23-25 · Lev. 24.19, 20 · Mt. 5.38 hand for hand, foot for foot.

The Ohio State Highway Patrol is reporting that fatalities on Ohio roads due to drunk driving has fallen again this holiday season.  Four people died this year as a result of an alcohol-related accident.  This report encompasses the entirety of the Christmas Holiday weekend (December 24 through December 28).  The totals last year were 14 deaths with 7 being alcohol-related (as defined by the Ohio State Highway Patrol).  This year has also been a safer year overall.  Five fatal OVI-related crashes have occurred in Greene County, six in Clark and only 2 in Montgomery.  Overall there have been 772 arrests for OVI in Montgomery County, 389 in Greene and 423 in Clark County.

Source: Ohio State Highway Patrol (http://statepatrol.ohio.gov/statistics.htm)

Today Mike McConnell, a host on 700WLW am in Cincinnati opened up his fifty thousand watt radio station to some discontent.  He discussed the topic of DUI sobriety checkpoints.  A vast majority of the callers were appalled at the willingness of government to conduct checks without probable cause.  Some callers called it a slippery slope, other called it a witch hunt, others said that we would not stand for non-probable cause profiling if we were looking for illegal immigrants (for example).  The concensus was that DUI enforcement is focusing on increased revenues, just like red-light cameras.  Have we finally got to the point when a courageous judge will begin holding law enforcement to account.  Can the Supreme Court finally reinstate that most American principle of probable cause to justify a stop; or innocent until proven guilty; or that you don't have to incriminate yourself? 

I applaude Mike McConnell and 700 for its willingness to hear the discontent.  I have appeared on his program and can attest to the integrity of the host and his willingness to apply common sense to current event topics.  Merry Christmas Mike.

New Study Finds Drivers Age 21 to 24 Have Highest Involvement Rates

New National Highway Traffic Safety Administration (NHTSA) research shows that between 2002 and 2006, nearly four fatalities out of 10 involved alcohol-impaired crashes in the last two weeks of December. The new study also found that 21-24 year-old drivers are involved in more alcohol-impaired fatal crashes than any other age group, announced NHTSA Acting Administrator David Kelly today.

“Drunk driving is one of the most serious, and preventable, dangers we face on our roadways,” Kelly said. “Sadly, the death toll from drunk-driving crashes is higher between Christmas and New Year’s than any other time.”

The new report was released on the eve of a national crackdown against impaired driving that involves thousands of law enforcement agencies throughout the country and runs through the New Year’s holiday. The “Drunk Driving. Over the Limit. Under Arrest” law enforcement and public awareness campaign is supported by a $7 million national television and radio advertising campaign.

Acting Administrator Kelly warned motorists to obey the law and drive sober to avoid being stopped by police.

“Our law enforcement officers are giving up their holiday time with their families to protect us all from drunk drivers,” Kelly said. “Make no mistake about it, violators will get a free ride to jail. So before you go out to celebrate, be responsible and designate a sober driver.”

A copy of the new statistical report, which provides state-by-state holiday drunk driving fatalities by age group, can be viewed here.