the enlistment deal is different; and lots people took it including a friend of mine who had killed some people in the DWI and was offered jail or the marines; he took the marines and after Nam went to law school and became a prosecutor.
************************************************* Paul Finkelman, Ph.D. President William McKinley Distinguished Professor of Law Albany Law School 80 New Scotland Avenue Albany, NY 12208 518-445-3386 (p) 518-445-3363 (f) paul.finkel...@albanylaw.edu www.paulfinkelman.com ************************************************* ________________________________________ From: conlawprof-boun...@lists.ucla.edu [conlawprof-boun...@lists.ucla.edu] on behalf of Robert Sheridan [r...@robertsheridan.com] Sent: Monday, September 26, 2011 6:40 PM To: Douglas Laycock Cc: Law & Religion issues for Law Academics; conlawp...@lists.ucla.edu Subject: Re: Go to Church or Go to Jail? Being forced to pray to someone or something one doesn't believe in seems cruel and unusual punishment in violation of Amend-8, quite apart from what it does to Amend-1. As a (former) young prosecutor who observed a judge offer a defendant the choice of either jail or enlisting in the military, during Vietnam, I recall that no one went along with the WWII-era judge's proposed deal. I believe that this condition, too, has failed to pass constitutional muster, but you're on your own for a citation. On the other hand, at a much later date, I was happy to help clean up the record of a convicted person who wanted to enlist shortly after 9-11. rs I'd thought this list had gone to bed, as tho' there wuz nothing left to wrangle over... On Sep 26, 2011, at 3:06 PM, Douglas Laycock wrote: > Much milder versions of this, such as go to jail or go to AA, have been > litigated and held unconstitutional. This plan will have a short life. > > On Mon, 26 Sep 2011 17:37:51 -0400 > James Edward Maule <ma...@law.villanova.edu> wrote: >> That's what it appears to be (sorry for cross-posting but this should be >> useful to subscribers on both lists looking for an exam question, to say >> nothing of the expected discussion). >> >> http://news.blogs.cnn.com/2011/09/26/jesus-or-jail-alabama-town-offers-options-for-serving-time/?hpt=hp_t2 >> >> Headline and first paragraph: >> >> Jesus or jail? Alabama town offers options for serving >> time<http://news.blogs.cnn.com/2011/09/26/jesus-or-jail-alabama-town-offers-options-for-serving-time/> >> >> If you're charged with a nonviolent crime in one Alabama town, you might >> just have the chance to pray it all away. >> Starting this week, under a new program called Operation ROC (Restore Our >> Community), local judges in Bay Minette, Alabama, will give those found >> guilty of misdemeanors the choice of serving out their time in jail, paying >> a fine or attending church each Sunday for a year. >> >> >> James Edward Maule >> Professor of Law >> Villanova University School of Law >> ma...@law.villanova.edu >> http://vls.law.villanova.edu/prof/maule >> >> > > Douglas Laycock > Robert E. Scott Distinguished Professor of Law > University of Virginia Law School > 580 Massie Road > Charlottesville, VA 22903 > 434-243-8546 > _______________________________________________ > To post, send message to conlawp...@lists.ucla.edu > To subscribe, unsubscribe, change options, or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/conlawprof > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list and read messages that are posted; > people can read the Web archives; and list members can (rightly or wrongly) > forward the messages to others. > _______________________________________________ To post, send message to conlawp...@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/conlawprof Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
