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	<title>Comments for Off the Axis</title>
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	<description>facts and opinions off the political axis</description>
	<lastBuildDate>Wed, 18 Aug 2010 18:26:54 +0000</lastBuildDate>
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		<title>Comment on It&#8217;s not your daddy&#8217;s conservatism&#8230; by Off the Axis</title>
		<link>http://www.offtheaxis.com/?p=168&#038;cpage=1#comment-14</link>
		<dc:creator>Off the Axis</dc:creator>
		<pubDate>Wed, 18 Aug 2010 18:26:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.offtheaxis.com/?p=168#comment-14</guid>
		<description>[...] The Islamic community center two blocks from ground zero has made a mockery of the &#8216;conservative values&#8217; of Republicans and tea party activists. [...]</description>
		<content:encoded><![CDATA[<p>[...] The Islamic community center two blocks from ground zero has made a mockery of the &#8216;conservative values&#8217; of Republicans and tea party activists. [...]</p>
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		<title>Comment on Obama: Drill, Baby, Drill, and save, nuke, shine and blow by All part of the plan : Off the Axis</title>
		<link>http://www.offtheaxis.com/?p=123&#038;cpage=1#comment-7</link>
		<dc:creator>All part of the plan : Off the Axis</dc:creator>
		<pubDate>Thu, 01 Apr 2010 16:31:23 +0000</pubDate>
		<guid isPermaLink="false">http://www.offtheaxis.com/?p=123#comment-7</guid>
		<description>[...] I said yesterday, Obama is playing chess and all his opponents and supporters are playing a bad game of checkers. Of [...]</description>
		<content:encoded><![CDATA[<p>[...] I said yesterday, Obama is playing chess and all his opponents and supporters are playing a bad game of checkers. Of [...]</p>
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		<title>Comment on Don&#8217;t Ask, Don&#8217;t Tell: some facts by Just add this to the list on DADT : Off the Axis</title>
		<link>http://www.offtheaxis.com/?p=41&#038;cpage=1#comment-6</link>
		<dc:creator>Just add this to the list on DADT : Off the Axis</dc:creator>
		<pubDate>Wed, 17 Mar 2010 20:58:41 +0000</pubDate>
		<guid isPermaLink="false">http://www.offtheaxis.com/?p=41#comment-6</guid>
		<description>[...] list of arguments against repealing DADT just got even smaller (well, to [...]</description>
		<content:encoded><![CDATA[<p>[...] list of arguments against repealing DADT just got even smaller (well, to [...]</p>
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		<title>Comment on Charging Candy with a Crime by Follow-up: Charging Candy With A Crime : Off the Axis</title>
		<link>http://www.offtheaxis.com/?p=73&#038;cpage=1#comment-5</link>
		<dc:creator>Follow-up: Charging Candy With A Crime : Off the Axis</dc:creator>
		<pubDate>Thu, 25 Feb 2010 01:16:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.offtheaxis.com/?p=73#comment-5</guid>
		<description>[...] of course, agree with the dissent, not that it&#8217;s unconstitutional, but that it is inconsistent with the [...]</description>
		<content:encoded><![CDATA[<p>[...] of course, agree with the dissent, not that it&#8217;s unconstitutional, but that it is inconsistent with the [...]</p>
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		<title>Comment on CPAC by CPAC, giving me hope : Off the Axis</title>
		<link>http://www.offtheaxis.com/?p=79&#038;cpage=1#comment-4</link>
		<dc:creator>CPAC, giving me hope : Off the Axis</dc:creator>
		<pubDate>Mon, 22 Feb 2010 21:11:18 +0000</pubDate>
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		<description>[...] libertarians and the authoritarian right. A group that has Glen Beck as a major speaker, and the John Birch Society as a sponsor, though strikes me more the the latter than the first two (though the first seems to have become [...]</description>
		<content:encoded><![CDATA[<p>[...] libertarians and the authoritarian right. A group that has Glen Beck as a major speaker, and the John Birch Society as a sponsor, though strikes me more the the latter than the first two (though the first seems to have become [...]</p>
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		<title>Comment on Charging Candy with a Crime by Rick</title>
		<link>http://www.offtheaxis.com/?p=73&#038;cpage=1#comment-3</link>
		<dc:creator>Rick</dc:creator>
		<pubDate>Mon, 22 Feb 2010 07:29:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.offtheaxis.com/?p=73#comment-3</guid>
		<description>I have time to comment on this, finally.  I&#039;m sure your right: it won&#039;t be long before a Supreme Court case deals with this directly.  While I think these types of warrants will probably stand, my first impression is that they&#039;re problematic.

First, I think they are inconsistent with the purposes of statutes of limitations, especially when used in prosecuting property crimes.  The underlying reasoning for such statutes is along the lines of what the defense attorney talks about here: actions which satisfy a statute of limitations (at least theoretically) are usually meant to be those that clearly identify the nature of the charge, and the person charged, in a way that will &quot;ordinarily&quot; come to the attention of the accused.   

The idea is that the defendant is allowed to prepare a defense before exonerating evidence is weakened with age (witness memories, his/her own memories, availability of things like cell phone records, other physical evidence, etc.) *because* a warrant is meant to be promptly followed by an effort to obtain the person, who is ordinarily seized in a reasonable time, etc.  A warrant like this doesn&#039;t immediately authorize the arrest of anyone: who knows when the DNA will be matched to an actual person that can be apprehended.  It doesn&#039;t really have any effectual significance until some undetermined future point, by definition.

A statute of limitations concedes that there&#039;s a balance established between A) a state&#039;s interest in arresting a person for a particular type of crime, and B) an interest in allowing that person to build a proper defense, and C) the state&#039;s interest in clearing ts own cases.

If the crime charged is one on which there is a statute of limitations, then it seems to me that a warrant for a particular instance of that crime which can&#039;t actually be acted on within the statute of limitations is, by necessity, inconsistent with that balance: the state&#039;s interest in arresting a person conveniently trumps the other two.</description>
		<content:encoded><![CDATA[<p>I have time to comment on this, finally.  I&#8217;m sure your right: it won&#8217;t be long before a Supreme Court case deals with this directly.  While I think these types of warrants will probably stand, my first impression is that they&#8217;re problematic.</p>
<p>First, I think they are inconsistent with the purposes of statutes of limitations, especially when used in prosecuting property crimes.  The underlying reasoning for such statutes is along the lines of what the defense attorney talks about here: actions which satisfy a statute of limitations (at least theoretically) are usually meant to be those that clearly identify the nature of the charge, and the person charged, in a way that will &#8220;ordinarily&#8221; come to the attention of the accused.   </p>
<p>The idea is that the defendant is allowed to prepare a defense before exonerating evidence is weakened with age (witness memories, his/her own memories, availability of things like cell phone records, other physical evidence, etc.) *because* a warrant is meant to be promptly followed by an effort to obtain the person, who is ordinarily seized in a reasonable time, etc.  A warrant like this doesn&#8217;t immediately authorize the arrest of anyone: who knows when the DNA will be matched to an actual person that can be apprehended.  It doesn&#8217;t really have any effectual significance until some undetermined future point, by definition.</p>
<p>A statute of limitations concedes that there&#8217;s a balance established between A) a state&#8217;s interest in arresting a person for a particular type of crime, and B) an interest in allowing that person to build a proper defense, and C) the state&#8217;s interest in clearing ts own cases.</p>
<p>If the crime charged is one on which there is a statute of limitations, then it seems to me that a warrant for a particular instance of that crime which can&#8217;t actually be acted on within the statute of limitations is, by necessity, inconsistent with that balance: the state&#8217;s interest in arresting a person conveniently trumps the other two.</p>
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		<title>Comment on A new political party by Guy</title>
		<link>http://www.offtheaxis.com/?p=43&#038;cpage=1#comment-2</link>
		<dc:creator>Guy</dc:creator>
		<pubDate>Tue, 16 Feb 2010 21:30:32 +0000</pubDate>
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		<description>That&#039;s amazing!  What a change (for the worse).</description>
		<content:encoded><![CDATA[<p>That&#8217;s amazing!  What a change (for the worse).</p>
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