Law With Mr. Lafayette: Recent Episodes
René M. Lafayette
This podcast is created to provide additional information and commentary to the Street and Practical Law classes that I teach at Leominster High School located in Leominster, Massachusetts. It compliments the purpose of these classes "...to empower young people to be active, engaged citizens by equipping them with the knowledge and skills they need to successfully participate and create change in their communities." It is based on the foundations of our democratic Republic: the Constitution, natural law and freedom.
Drawing from the experience of attending a jury view when he was High Sheriff of Providence County Rhode Island in 1992, René Lafayette explains the process and what jurors do and why.
During day, four of the Karen Reed trial which took place on Friday, May 3, 2024, Canton Firefighter/EMT underwent an extensive and at times aggressive cross examination by the defense. Then the jury was bused to the Canton home at 34 Fairview Road where O’Keefe’s body was found. They also viewed Read’s Lexus SUV with the removed right taillight.
On Wednesday, May 1, 2024 the court system observed law day and so court sessions were excused for that day and not held. On Thursday, May 2, day three of the Karen Read high profile murder trial continued. Testimony of several Canton EMTs, police and firefighters was accepted into the trial record. Additionally plans for a “jury view“ to be held on Friday, May 3 was discussed. These are all elements of the recap of day three of the Karen Read murder trial.
On Monday, April 29, 2024, the murder trial of Karen Read opened at Norfolk Superior Court in Dedham, Massachusetts. Trials begin with opening statements by the prosecution and then the defense. The presentations by Assistant District Attorney Adam Lally and Defense Attorney David Jannette were a marked study in different styles. We will see how the outcome will be impacted by personal style.
Tuesday, April 30, 2024 marked the second day of the high profile murder trial of Karen Read held in Norfolk County Superior Court in Dedham Massachusetts. Far from being an average judicial proceeding, the defense team wasted little time in planting “reasonable doubt” in the minds of the jurors. In this episode of “Law With Mr. Lafayette,” René Lafayette explains the twist of events that occurred as prosecution witnesses had to explain inconsistencies in their testimony.
April 29, 2024 has been a beautifully mild and sunny spring day here in Massachusetts. The attention of many legal observers and students of the judicial system have focused their attention to Norfolk County Superior Court, sitting in Dedham, where opening statements have been given in the murder trial of Karen Read. This episode provides a recap of the events that happened this the first day of this height profile judicial proceeding which may last 6-8 weeks.
In this episode of “Law With Mr. Lafayette“ the case of Commonwealth of Massachusetts v. Karen Read is discussed. The case is being heard before Superior Court judge Beverly Cannone in Superior Court in Dedham starting today, April 29, 2024. The case is already garnered widespread publicity and attention including extensive coverage by Courttv.com. Read is being charged with Second Degree Murder in the death of her boyfriend, Boston Police Officer John O’Toole, whose bruised and frozen body was found outside the Canton, Massachusetts home of a fellow officer the morning of January 29, 2022.
The Brandenburg Test is a pivotal standard for free speech in the United States. In this episode, it is discussed by René Lafayette.
On Monday, March 25, 2024, NYPD Officer Jonathan Diller, age 31, a husband and the father of a one year old son, Ryan was shot and killed by a career criminal with 21 prior arrests. In this episode of “Law With Mr. Lafayette” our host, René Lafayette presents his analysis through the prism of his ten years as the High Sheriff of Providence County, Rhode Island.
On Tuesday, March 26, 2024, Baltimore’s Francis Scott Key Bridge at 1:30 a.m. collapsed seconds after a 984 foot cargo ship, MV Dali, hit the bridge’s pillar. Maritime law experts say that the ship’s owners will probably use an 1851 law to cap damages after it was used by the White Star Line in the wake of the 1912 Titanic disaster. René Lafayette, host of “Law With Mr. Lafayette” shares his analysis.
In today’s episode, René Lafayette, host of Law With Mr. Lafayette provides an overview of the recently argued case of Murphy v. Missouri. This is a case about balancing government censorship against the first amendment guarantee of freedom of speech in this digital age. Arising from “misinformation“ during the COVID-19 pandemic that was posted or attempted to be posted on social media the question before the court will be should there be any restrictions that are Applied to an individual’s freedom of speech?
I am very pleased, truly honored to dedicate this episode of “Law With Mr. Lafayette“ to a student who I had last year, an exchange student from France, Lucie de Gibon, who has been listening to my podcast over the past year and a half. On Thursday, March 14, 2024, James Crumbley was convicted by a jury of four counts of involuntary manslaughter arising from the actions of his son Ethan in 2022 when he was 15 years old. Known as the Oxford High School shooting, in addition to the fatal shooting of four students, seven others were wounded. The precedent for parents in similar circumstances is also addressed in this episode by René Lafayette. One correction, James Crumbley faces 60 years in prison, not 15. It is 15 per charge and there are four charges.
In this episode of the Law With Mr. Lafayette, we explore the fundamental principle of attorney client privilege, it’s significance and preserving confidentiality, and real world. Examples that illustrate its importance.
The Supreme Court of the United States announced earlier today that they have scheduled oral arguments on former President Trump’s immunity case for April 25. The impact of this case with the decision reached by the court will be another historic first listen as René Lafayette explains his take on this case.
In this episode of “Law With Mr. Lafayette“ the decision of the Supreme Court of the United States reversing the Colorado Supreme Court decision to remove former president Donald Trump from the states primary ballot has been unanimously reversed. Listen as René Lafayette, provides commentary on this historic decision in Trump v. Anderson.
Drawing from notes that were drafted in February 2023, while in Myrtle Beach, South Carolina, René Lafayette, the host of Law with Mr. Lafayette explains a new concept to review and better understand Landmark decisions. Students are invited to create an Amicus brief based on a landmark Supreme Court decision, in this episode, the steps and application are explained.
On February 6, 2024, legal history was made when a jury convicted Jennifer Crumbley on four counts of involuntary manslaughter. This marks the first time that a parent of a school shooter was charged and convicted for the crimes committed by her minor child.
The term “in plain sight“ has long been a focal point when discussing legal and constitutional rights, especially in the context of the Fourth Amendment. In this episode of Law With Mr. Lafayette, René Lafayette discusses what is permitted and what is disallowed under this Amendment.
In this episode of Law With Mr. Lafayette, a recent reprimand by the Massachusetts Supreme Judicial Court, directed at the district attorney of Hampden County focuses on whether or not, the exculpatory rule was followed.
In this inaugural episode of season 8 of “Law With Mr. Lafayette” the difference between mandatory and persuasive authorities are discussed.
The Landmark Supreme Court case Plessy v. Ferguson from 1896 is the subject of this episode of Law With Mr. Lafayette. This is the case that established the social and legal fallacy of “separate but equal.“ Intern, it laid the legal foundation for not only Jim Crow laws, but other Racially inspired, segregationist legislation. In this episode, René Lafayette, a social studies and law teacher at Leominster High School in Leominster Massachusetts, gives an overview of Plessy v. Ferguson, and its impact on the American legal system.
What can or cannot be collected by law-enforcement during the course of a search and seizure of your home, your car, your vehicle, your backpack? In this episode of Law With Mr. Lafayette, the exclusionary rule so-called is discussed and explained.
Sunday, December 7, 1941 shortly before 8 AM is when the air forces of imperial Japan committed a sneak attack on American forces located at Pearl Harbor in the Hawaiian islands. More than a military disaster for America the events of that morning prompted a nation to leave the comfort of isolationism, and in short order become not only a world power, but a superpower. The impact of that day, 82 years ago cannot be overstated in terms of how America changed, economically and domestically. In this episode of Law With Mr. Lafayette, the events of that sleepy Sunday morning and its impact on America are reviewed.
Lawyer, county prosecutor, state, legislator, state, appeals, court, justice, and the first woman appointed associate justice of the Supreme Court of the United States. Sandra Day O’Connor had a full life that was a positive contribution to not only American history, but also American jurisprudence. In this episode of Law With Mr. Lafayette, Her contributions are remembered.
The sharing of exculpatory evidence often referred to as Brady material after the Landmark case Brady v. Maryland (1963), holds immense importance in the American legal system. The role of such material, and why it must be presented promptly and transparently by prosecutors to defense attorneys is explained in this episode of “Law With Mr. Lafayette.”
What are the best authorities to cite? Primary or secondary? What role do persuasive or mandatory authorities play? These are some issues addressed in this episode of “Law With Mr. Lafayette.”
November 22-25,1963 spanned Friday through Monday. It saw the assassination of the President and the live television broadcast of the assassin’s murder. A television first. Meanwhile Americans of all political parties and those with none sat riveted in front of their television sets as the solemn pageantry of a state funeral unfolded. From the arrival of the casket, young widow and new President and First Lady at Andrews Air Force Base to the arrival ceremony at the US Capitol, through the televised Funeral Mass at St. Matthew’s Cathedral to internment at Arlington National Cemetery. The images are iconic and unforgettable. In this episode, René Lafayette pays tribute to the memory of the 35th President, John Fitzgerald Kennedy.
What role do legal reasoning, writing and communication play within the legal system? These issues are discussed in this episode of “Law With Mr. Lafayette.”
In this episode of Law With Mr. Lafayette, René Lafayette, who teaches Street and Practical Law at leominster High School in Leominster Massachusetts discusses common mistakes that are made in legal writing. Although this episode is intended for his students, other listeners may also benefit from the insight provided about mistakes to be avoided.
23 February 2020 was the day in question. Ahmaud Arbery, a 25 year old Black male had gone for a run. He would not return home. Instead, Arbery would be hunted down by three white men and ultimately killed by three shotgun blasts. In this episode Mr. Lafayette reviews “Nowhere to Run” a 20/20 ABC documentary that is based on the comments of his family and friends.
The opening salvo of this conflict are discussed in this episode of Law With Mr. Lafayette.
The first Monday in October which this year is going to be October 2, 2023 marks the beginning of the Supreme Court’s new term. It will run from October 2 until the first Monday in October of the following year. It will be interesting to see what cases will be coming before the court During this timeframe and what the court will decide regarding those cases stay tuned.
Monday, September 11, 2023 will be the twenty second anniversary of the terrorist on America. On what was a brilliant morning four planes took off only to be highjacked and then crash. Three hit targets, the fourth crashed in a field. The impact of that day continues to be felt throughout America today. 9/11 truly has changed the trajectory of this nation.
On September 7 of 2023 the defense team of Dick Harpootlian, and Jim Griffin, filed a request for a new trial on behalf of their client, disbarred, disgraced and convicted, former lawyer, Alex Murdaugh. They cites Rebecca Hill, who is the Clerk of the Court for Colleton County and charge her with jury tampering and attempting to convince the jury to convict murder on quickly in the six week trial that occurred in February and March 2023. Murder was charged with having killed his wife, Maggie and youngest son, Paul he is in prison, serving a life without parole sentence.
Arguably the biggest social media platform in the world, TikTok is controlled by Communist China and poses a multi part threat to America today. In this episode of Law With Mr. Lafayette this phenomenon is discussed along with its repercussions.
On July 10, the trial judge who presided over the double murder case against Emmanuel Lopes declared a mistrial because of a lone juror who held out against finding Lopes guilty of the 2018 murder of Weymouth Police Sergeant Michael Chesna and 77 year old Vera Adams. Was it a mistrial or a miscarriage of justice?
In this episode, René Lafayette reviews some of the major decisions that the Court issued in late June before the Court adjourned until the October 2023 Term begins in October.
In this episode of Law With Mr. Lafayette, a few of the courts decisions that were released on the last day of the Supreme Court’s term, that took place on Friday, June 30, 2023. A more detailed review of decisions and highlights of the Scotus term will be released in the next few days.
First, Vladimir Putin announces that he has transferred “tactical nuclear weapons” to Byleorus. This is a threat to Europe, NATO and the United States. Then China and Cuba have agreed to China establishing an eavesdropping facility in Cuba. Its target is the Southeastern United States. In this episode René Lafayette offers a serious review of both issues.
June 6, 2023 was the 79th anniversary of the Allied Invasion of Europe on June 6, 1944. From five beaches in Normandy, France Americans at Omaha and Utah beaches, the British at Gold and Sword and the Canadians at Juno took on Hitler’s “Atlantic Wall.” It was in September 1991 that René Lafayette visited the American military cemetery at Colleville Sur Mer. In this episode Mr. Lafayette remembers that event.
Associate Justice Samuel Alito of the United States Supreme Court in an interview published in the Wall Street Journal, has shared that he is pretty certain that he knows who leaked the Dobbs v. Jackson Women’s Medical Center decision in advance of its June 24, 2022 publication. Additionally, Alito questions the targeting of the six members of the High Court, who voted for Dobbs overturning Roe v. Wade. He says that the six members have become “targets for assassination.”
In this episode of Law With Mr. Lafayette, we take a different tact and discuss proms and their role in high school society today and other related topics, including the the costs associated with proms proper attire at a prom venues, and finally whether or not proms will continue as a social event in the future. I am joined by Kayleigh Lefrançois, who is one of my law students and together we discuss these topics.
In this the second of two episodes dealing with the case of Rhode IslandIsland v.Craig Price, more details are provided as to the chronology of events taking place after the arrest of Price in 1989 for the murder of four of his neighbors in the Buttonwoods neighborhood of Warwick, Rhode Island.
Craig Price was only 13 when he committed his first murder in 1987. Two years later at the age of 15 he committed three additional murders. This particular case is among those the most horrific to have taken place in the state of Rhode Island. It t is a case that I am familiar with since in my previous capacity as High Sheriff of Providence County I had met Price. I was responsible for courtroom security during his trial, and all trials during my tenure as the High Sheriff. Price became the youngest serial murderer in American history.
21 year old Jack Douglas Teixiera from North Dighton, Massachusetts was arrested earlier this month and on April 26, during a detention hearing in Federal District Court in Worcester, he is facing the possibility that he will be held until his trial. In this episode of Law With Mr. Lafayette, the specifics are revealed and shared with you.
On April 27, 2023, Brian Walshe was arraigned for the murder of his wife, Ana Walshe in the early hours of January 1, 2023 in their rented home in Cohasset Massachusetts. At his arraignment, the district attorneys office presented information that Walshe believed that his wife was involved in an adulterous relationship with a male friend in or about Washington DC. Ana Walshe had bought a home in Washington DC. Love can bloom and die, murder is never an option.
The late author, Theodore White wrote several books during his storied career, including the Making of the President series. Starting with the election of 1960, considered by many the dawn of a new era in presidential campaigning and elections, to the elections of 1964, 1968, and concluding with the election of 1972. In each successive book, White went through with excruciating detail and superb research what made each electoral contest different from those that had come before it. We jump from what we now would consider a very different time for our nation, and in particular for the presidency to the events that took place on April 4, 2023, when the 45th President of the United States, Donald Trump Made history in a different way when he was arraigned on 34 counts of falsifying business records by the Manhattan district attorney Alvin Bragg. Some thoughts and observations are shared in this episode of Law With Mr. Lafayette.
Involuntary manslaughter charges have been dropped for now against actor Alec Baldwin in the shooting case that resulted in the death of cinematographer Helena Hutchins. This event took place in 2021 on the set of a western movie that is being produced by Baldwin entitled Rust.
TikTok claimed another life recently with its Benadryl Challenge. In this episode of Law With Mr. Lafayette, the most recent social media challenge is discussed and identified for what it is….a threat to American youth.
In this episode of the Law With Mr. Lafayette, we discuss recent cases and the impact that Google search history‘s have had or will have on the ultimate outcome. Are they helpful to your defense or are they damning to your case?
Idaho has joined four other states in providing an alternative form of execution, namely, a firing squad. They have joined the states of Mississippi, Utah, Oklahoma, and South Carolina in providing this option. In this episode of “Law with Mr. Lafayette,” commentary is provided on what prompted Idaho to join these other states.
According to the statement made by former President Donald Trump, he was expecting to be arrested on March 21, 2023. It did not happen. The district attorney, Alvin, Bragg, has been angling to have indicted then arrest Trump on what can best be described as a fabricated charge. In this episode of Law With Mr. Lafayette, commentary is offered on what might be the real reasons for this unprecedented legal action against a former President of the United States. Do we have two systems of justice or is this actually injustice?
Jennifer and James Crumbley, the parents of school shooter, Ethan Crumbley will stand trial, according to the Michigan court of appeals. In a 3–0 decision, the high court determined that the couple must stand trial for involuntary manslaughter charges the younger Crumbley killed for fellow students in November 2021, after his father had purchased for him a 9 mm auto pistol, despite being only 15 at the time and suffering from severe mental illnesses.
As the trial of disbarred attorney Alex Murdaugh winds down and will probably conclude in early March. Then, rebuttal witnesses discussed a pattern of privilege and entitlement that underscored what multigenerational unchecked power does.
February 24, 2023 marked the first anniversary of Russia’s unlawful and unprovoked invasion of Ukraine. The international and domestic legal implications are discussed. Political and practical considerations are also discussed in this episode.
February 24, 2023 marked the first anniversary of Russia’s unlawful and unprovoked invasion of Ukraine. The international and domestic legal implications are discussed. Political and practical considerations are also discussed in this episode.
Week five of the trial of Alex Murdaugh has been a dramatic one. Murdaugh took the stand in his defense on Thursday and Friday. In this episode Mr. Lafayette who was vacationing in South Carolina, gives commentary on the trial.
In this episode of “Law With Mr. Lafayette” recorded In Myrtle Beach, South Carolina, Mr. Lafayette reviews the Defense arguments including the testimony of Buster Murdaugh, sole surviving son of Alex Murdaugh. Tuesday, February 21 marks week 5 of the SC v. Alex Murdaugh double murder trial.
In this episode, social studies and law teacher René Lafayette discusses the sources of law in the United States. From the Constitution to federal and state laws to administrative regulations to judicial decisions all contribute to sources of law.
In this episode, René Lafayette looks at the benefits and challenges of divided versus unified government. Mr. Lafayette points to the oversight or “balance of power “ that divided government offers.
Justice demands that the person or persons responsible be held accountable. They must be identified and prosecuted. Unfortunately neither the Court or the Department of Justice seems willing to take the issue seriously.
Today in New Mexico actor, Alec Baldwin will be facing the court on the charge of resulting in the death of Halyna Hutchins. Baldwin, along with Hannah Gutierrez-Reed, the armorer for the low budget movie “Rust” are being charged in Santa Fe District Court with involuntary manslaughter. What happened in 2021 with the accidental discharge of an actual bullet that killed Hutchins and wounded Joel Souza, the Assistant Director?
In the early hours of New Year’s Day, 2023, Ana Walshe,39 year old wife and mother of three was last seen. Her husband, Brian, a convicted art fraud initially misled the Cohasset Police Department. Subsequently he was arrested and charged with misleading a police investigation. Then, on January 17 he was charged with the murder of Ana Walshe.
In this first episode of season 3 of this podcast, René Lafayette takes a moment to reflect on some of the challenges facing the Supreme Court-of the United States during the past year.
Mr. Lafayette takes this opportunity to discuss legislative action taken by the United States Senate against having TikTok on government owned electronic devices. Additional commentary on the dangers, that this most popular social media platform, pose against the United States, national security and personal privacy.
The First Amendment is central to our freedom and to democracy itself. At a time when pro democracy protests are taking root throughout China, there are clear and pressing threats to free speech here in America. In this episode these developments are discussed.
The sheriff’s-office for Santa Fe County, New Mexico last month released to the Santa Fe District Attorney, a 550 page report detailing the investigation that sheriffs deputies and detectives undertook in the aftermath of the October 21, 2021 shooting death of Halina Hutchins, and wounding of Joel Souza, on the scene of the movie “ Rust.” The meaning of words and terms will be at the center of the report’s evaluation as criminal charges are weighed.
On November 16 Darrell Brooks was sentenced for his actions during the Waukesha, WI Christmas Parade that took place on November 21, 2021. In this episode of Law With Mr. Lafayette, the sentencing is discussed as is it’s impact on society.
On the cusp of the 2022 Mid-Term election, many observers had mentioned that "democracy is at risk." Prominent national figures have echoed this sentiment including President Biden, and former Presidents Clinton and Obama. But is that really the case? What about so-called "election deniers?" What is their role in the national discussion about elections? Finally, what about mega partisanship? Both major political parties share responsibility for this, and the deepening division within America. The terms and their application are discussed in this episode of Law With Mr. Lafayette. Subscribe or follow this podcast on the listening platform of your choice.
Parents, concerned about what their children are learning complain to their elected school board and are labeled domestic terrorist. The FBI is ordered to investigate. An associate justice of the Supreme Court is targeted for assassination and the White House is silent. An investigation is launched into the leaking of a draft opinion but nothing is shared with the public. Federal law regarding attempts to influence judges and decisions is openly flaunted and crickets from the #1 and 2 law enforcement officers of the Nation. A former President’s home is raided and documents seized but under sketchy circumstances. These topics are discussed in this episode of Law With Mr. Lafayette.
On 26 October 2022, Darrell Brooks was found guilty of all 76 counts including six counts of first degree intentional homicide and 70 counts of first degree endangering safety while using a dangerous weapon. These charges arose from Brooks' actions last November driving an SUV into a Christmas Parade in 2021. René Lafayette, host of Law With Mr. Lafayette, offers commentary for your consideration.
The case of WI v. Rittenhouse (2021) had many moving parts according to legal observers. In this episode of Law With Mr. Lafayette, René Lafayette, a social studies and law teacher at Leominster High School in Leominster, MA reviews some of the post trial developments. Subscribe or follow this podcast on the listening platform of your choice including Amazon Music, Google Podcasts, Anchor, Spotify and several others.
In this episode of Law with Mr. Lafayette, The thesis that we as a society are missing civility is discussed and explored. Stop and think about it have we lost are we anesthetized against bad behavior?
Since 1949, the American Legion has sponsored the premier youth government and leadership program called Boys Nation, there’s a corresponding program for girls called Girls Nation. LHS is proud of two Law students, Matthew Cohen who was elected Secretary of State at Boys State and Nico Nevard who will travel to Washington DC to attend Boys Nation. When he was a high school Junior, René Lafayette attended Boys Nation. In this episode, Mr. Lafayette discusses how this event impacted his life and congratulates both students.
Since the leaked opinion well before issuance on Friday, June 24, in the case of Dobbs v. Jackson Women’s Health Organization, proAbortion activists have planned and plotted to harass and intimidate the Court’s conservative members. This is not protected speech. It’s a violation of 18 USC section 1507.
Are We Jaded When It Comes to the justice system ? Is Lady Justice Still Blind Or Is She Peeking Under the Blindfold? Does the phrase “equal justice under the law” ring true or does it ring hollow? In this episode René Lafayette discusses these questions in the context of recent cases.
What is Washington thinking when it comes to the Supreme Law of the Land, the Constitution?
Today is July 4, 2022, Independence Day. From this day in 1776 we have taken our place among the nations of the world. Many things have changed since then. America has it faults but we work together to overcome those challenges. This episode has a brief message, America remains exceptional.
Students of the criminal justice system still study and review the case of NH v. Smart (1991) and with justifiable rationale. In 1991 this murder for hire/adultery/teacher and student love affair case was the first live television, gavel to gavel, murder trial in the United States.
A paraell between the 1964 political thriller “7 Days in May,” is drawn in this episode of Law With Mr. Lafayette. Four controversial opinions having been issued at the same time that Mr. Lafayette is attending the Supreme Court Summer Institute for Teachers. Listen as René Lafayette provides an overview of each of the cases.
My first visit to Washington, DC was on the very cold morning of January 20, 1977 for the inauguration of Jimmy Carter, Democrat of Georgia as the 39th President of the United States. Since then I have been back over 20 times, as a student, state legislator and county sheriff. Now I am back attending the Supreme Court Summer Institute for Teachers.
Elon Reeve Musk, the world's richest man, with an estimated net worth of $232.5B has bought Twitter for a tidy sum of $43B. Not chump change, not by anyone's measurement. With Tesla and Space X, why did Musk bother with the social media platform? The answer was simple: Musk is a Free Speech Absolutist.
It happened in an upscale restaurant and bar near the trendy Eataly in Boston's Back Bay neighborhood. Celebrity Chef and part owner of Eataly, Mario Batali was accused by Natali Tene, a 32 software developer of indecent assault and battery.
Ketanji Brown Jackson, a nominee of President Biden was confirmed by the US Senate as the newest member of the Supreme Court in its history on April 7. Brown, it was noted by her allies in the U.S. Senate, had appeared before the Senate on three separate occasions and had been confirmed in each case: first with her nomination by then President Obama as a District Court Judge for the Federal District Court for the District of Columbia. Then she was nominated, again by Obama, as the Vice Chair of the US Sentencing Commission. In 2021 President Biden had nominated her for the Circuit Court of Appeals for the District of Columbia, again winning Senate confirmation. Her nomination to the high court is unfortunately tarnished by the most base elements of American politics, the campaign promise. Jackson's nomination did not seek to snatch the intellectual "gold ring" from the carnival barker's grasp. No. Instead it was just checking off a box. In this case, that she was a woman (although she famously, could not or would not define what a woman is, and that she is Black.). The nomination itself was strange by what was not discussed more than what was discussed. For example, although the three recent nominees to the high court went through the intellectual and philosophical "wringer," Jackson was given a "pass" by the US Senate. Most American know as much about her today as they did when she was plucked from obscurity to immortality by Gentleman Joe from Delaware. Yes, the Duke of Dewey Beach has displayed his old-school appreciation for fulfilling a campaign promise regardless the costs. Jackson is poised to fill the seat on the bench of her former mentor, Justice Stephen Breyer: a liberal for a liberal, but whereas Breyer had a record that could be discerned, the same cannot be said of Jackson. In fact, if anyone asked a little too persistently, they faced the grim reality of wearing the cloak of racist and bigot.
This episode of Law With Mr. Lafayette focuses on a policy point contained in the annual tradition "across the pond" in the United Kingdom: the State Opening of Parliament. On May 10, 2022, the "Speech from the Throne" was for the first time in over six decades not delivered by Her Majesty Queen Elizabeth II. The 96 year old Sovereign had asked her son HRH Prince Charles, the Prince of Wales to fill in for her and to deliver the address on behalf of "Her Majesty's Government" in the Chamber of the House of Lords. Towards the end of the speech, which is written by the government, Charles mentioned that there would be a bill put forward "...creating a Bill of Rights, restoring the balance between the legislative and judicial branches of government. Unlike American Constitutional law, in the United Kingdom, there is no single document which is called the constitution. Rather, as can be expected from the land of common law, the constitution consists of some written documents, some unwritten. When discussing the rights of citizens, the storyline begins with 1215 and the Magna Carta and then consists of some parliamentary acts and precedents since then up to the present day. In the America case, 1791 is when the first ten amendments to the Constitution, known as the Bill of Rights, were adopted by the States. Ask a student of government or of the law and an actual list can be created (using the MLA header of course). The freedom of religion, freedom of speech, freedom of the press, right to peaceably assemble, and petition the government for redress of grievances are just the first five freedoms that American citizens enjoy. These rights, and those that follow, are among "...the declaratory and restrictive clauses" that the States had expressed the desire to have adopted "...in order to prevent misconstruction or abuse of its powers" [by the Federal government]. Part of the genius of the Constitution and the 27 amendments that have followed is the restrictions on the power of government in favor of the governed.
In this Episode of Law With Mr. Lafayette, the Juvenile Justice system's philosophy and practice is discussed. A by-product of the Progressive Era, reformers believed that juveniles deserved their own court system and a new approach to deal with delinquent, poor, vagrant youths of both genders who were living in the urban centers that were developing in the rapidly industrialized America of the 19th century. From the New York House of Refuge, established in 1825, following the overwhelmed Houses of Refuge reform, training, and industrial schools were created across America. These all placed an emphasis on education and industrial training programs as the names implied.
In 1899, the Illinois Legislature enacted the Juvenile Court Act of 1899, creating the first in the nation, court system focused exclusively on juveniles. Other states followed. In Massachusetts, juveniles were first addressed in 1847, when the Commonwealth opened the first state-sponsored reform school for boys in Westborough, the Lyman School. The first public training school for girls at Lancaster, Massachusetts followed in 1854. Prior to this, facilities for the punishment and detainment of juveniles consisted mainly of jails and prisons. Over the decades 3 additional institutions were constructed.
By the 1960s however, scandals over the treatment or rather mistreatment of juveniles at these and other institutions led to the eventual deinstitutionalization of training schools.
Historical background is provided on the events and the context of the war crimes being committed against the Ukrainian people.
On March 27, 2022, the 94th annual Academy Awards took place in Hollywood, California. What usually focuses on the actors and actresses being honored and the films determined by the Academy of Motion Picture Arts and Science was virtually eclipsed by the action of Will Smith, who would receive the Oscar for "Best Actor" in the movie King Richard, when he slapped the show's host comedian Chris Rock for a "joke" Rock had made about Smith's wife Jada Pinkett Smith. Mrs. Smith has a medical condition called alopecia that results in hair loss, as a result Smith has shaved her head. Listen to this episode of Law With Mr. Lafayette as the subsequent crimes and their consequences are discussed.
Vladimir Putin has dramatically miscalculated in his dream to expand the Russian Federation into a nation beyond the borders of the Tsarist Empire of 1917. Listeners can consider what will be next and how this illegal invasion and war against Ukraine a sovereign nation will end.
In the last episode of Law With Mr. Lafayette, season 2 episode 7, although the various elements of the sentence that the former "Empire" star Jussie Smollett had received were listed, when he was sentenced on March 10th. it did not include the fact that Judge James Linn had also sentenced Smollett, to 150 days in jail or essentially 5 months behind bars. Smollett had been convicted by a jury of filing a false police report and a hoaxed hate crime. Judge Linn went on to say that Smollett's entire testimony during his earlier trial was pure perjury. "hour after hour of pure perjury." In light of that comment alone, shouldn't Smollett be criminally charged and prosecuted to the fullest extent of the law? Think about double standards, not only double jeopardy. Could there be a future prosecution on the charge of perjury?
On March 10, 2022, former "Empire" star, now convicted felon and hoaxter, Jussie Smollett was sentenced for having set up a hate crime hoax. In a highly publicized and politicized case, Smollett, gained public support from the Democratic presidential and vice presidential candidates. Former First Lady Michelle Obama, and many other public officials and celebrities. It was all a hoax. As was presented at trial, Smollett paid the two men who "attacked" him, two Nigerian nationals and brother. Video evidence was admitted that showed the brothers purchasing items that were associated with the attack including rope, bleach, and MAGA hats. Judge James Linn of Cook County court, reprimanded Smollett in a near 30 minute statement before pronouncing sentence. But it did not stop there.
As the world witnesses the largest mobilization in Europe since World War II, and the targeting of civilians and the destruction of the fledgling democracy in The Ukraine, this episode of Law With Mr. Lafayette touches upon what has happened between the Russian Federation and its neighboring country of Ukraine. Our host makes no apologies for where he stands on this issue. He stands with Ukraine!.
Recent events, beginning in late February, with the invasion of the Ukraine by troops of the Russian Federation, as ordered by President Vladimir Putin continue to attack various targets in that neighboring nation. The ramifications in terms of international law are significant. Observers have noted that this is the largest mobilization and movement of troops in Europe since World War II. There are many parallels between the aggression of Nazi Germany in 1939 against its neighboring countries, starting with Poland. Within weeks, facing a technologically superior forces, the Polish nation was "steamrolled" by Nazi forces. Now in 2022, without legitimate rationale, Russian troops have entered Ukrainian national space and have attacked many targets, recently taking the first Ukrainian city, Kherson on March 2. The city of Mariupol in eastern Ukraine appears to be next with the major port of Odessa to follow. Listen to commentary by Mr. Lafayette as he reviews what lies ahead, legally, for Putin.
The term "false flag operations," refers to what Merriam Webster Dictionary has defined as " a hostile or harmful action (such as an attack) that is designed to look like it was perpetrated by someone other than the person or group responsible for it. A deliberate misrepresentation of motives or identity." The term's origin comes from pre-radio communication days when flying another country's flag would conceal the original identity of a ship at sea. History tells us that the pretext for Nazi Germany's invasion of Poland that started World War II was a series of over 20 separate false flag incidents among them the infamous "Gleiwitz Incident" where a German radio station was supposedly attacked by Polish soldiers who were really German soldiers wearing Polish uniforms. For the past year there seem to have been similar episodes where public attention was diverted intentionally from serious issues. This is not how our democracy should work.
In today's episode of Law With Mr. Lafayette the term due process is explained. This is an important part of the rights guaranteed every citizen by the Constitution. But what does it mean? Stay tuned to find out.
On January 12, the Milwaukee District Attorney amended the criminal complaint against Darrell Brooks, Jr. accused of the “Christmas Parade Massacre” that happened on November 21, 2021. Accused of six charges of first-degree homicide, an additional 71 charges have been added. Brooks faces 61 counts of first degree reckless endangering safety with a dangerous weapon, the SUV he drove into parade participants. 6 counts of hit and run, death resulting, 2 felony bail jumping charges, and 2 misdemeanor domestic abuse battery charges.
In this episode of “Law With Mr. Lafayette” the role and purpose of the grand jury is explained. This group of 12 to 23 people reviews evidence and considers whether or not to charge a defendant with a crime. They have the right to investigate crimes but not to try them.
The eve of the New Year offers listeners with a preview of the lead trial of 2022. On Monday, January 3, the case of WI v. Edgecomb will begin. The defendant in this case is Theodore Edgecomb who is accused of shooting and killing Jason Cleereman, a Milwaukee immigration attorney after the exchange of words when Cleereman's wife swerved their SUV to avoid hitting Edgecomb who was on a bicycle. Video evidence shows the Cleereman vehicle stopping, Jason Cleereman exiting the vehicle and following Edgecomb. In a pretrial hearing, the defense has filed the intent to call Dr. John Black, the self-defense expert in WI v. Rittenhouse case, to describe how useful video evidence will be.
Earlier this school year, there was a question posed by René Lafayette to his Street & Practical Law students about the law itself. What impact do current events and inventions have on the law? Does the law and legal procedure have to change and if so how should the changes occur? During the course of 2021, several high-profile cases were directly influenced or impacted by the use of video as evidence that jurors viewed. In these cases, defendants are referred to as the "alleged perpetrator" despite the clear proof that it was them, captured on video that committed crimes that resulted in their being tried by the legal system. Thinking back to a 1982-1983 Rhode Island probate case that first used video taped evidence to prove the mental state of a person who wanted to change their will, and was considered a legal novelty then to the widespread use and acceptance of video today, there can be an argument for changing legal procedures including the presumption on innocence in the face of insurmountable proof.
Listen as René Lafayette reviews the impact on legal procedure and is it time to apply these changes to how the legal system deals with defendants.
René Lafayette, host of Law With Mr. Lafayette, reviews several current cases that are being followed by Street & Practical Law Students as 2021 comes to a close.
Sheriff's investigators have sought and a local judge has issued a search warrant for actor Alec Baldwin's cellphone. This is the latest development since the October 21, 2021 shooting by Baldwin of Halyna Hutchins, the videographer on the set of the movie Rust.
Over the course of the past two weeks, legal analysts and commentators have been following the developments in MN v. Potter (2021), the case involving defendant Kimberly Potter, a former Brooklyn Center, Minnesota police officer accused of fatally shooting Daunte Wright during the course of a traffic stop in April 2021.
In 1992, 79 year old Stella Liebeck accidentally spilled hot coffee from McDonald's on herself. The resulting injuries, extensive medical and rehabilitation bills and the corporate indifference of the fast food giant are the lead story in this documentary, but not the only one. Beside providing background to the "tort reform movement" of the early 2000s, there is also the case of Jamie Leigh Jones v. Halliburton (2005) where an employee unknowingly signed a Dispute Resolution Program agreementMandatory Arbitration Settlement.
On December 9, 2021, the jury in the criminal trial of Jussie Smollett, former star of the TV series Empire, returned guilty verdicts in five of the six counts that he had been charged with. On January 29, 2019, Smollett reported to police that he had been attacked by two white males as one punched him in the face while another poured bleach on him and put a noose around his neck. Within weeks, prosecutors approved disorderly conduct charges for having filed false reports. Spurred on by international attention and the condemnation of the then Democrat nominees for President and Vice President, Chicago Police spent an estimated 3,000 hours in an attempt to find the individuals who had alledgedly perpetrated the attack. In March 2019, after outside political pressure, including former First Lady Michelle Obama, the state's attorney's office dropped the charges. Ultimately, in February 2021, new charges were filed against Smollett.
This is a very unusual criminal case originating from Oxford, Michigan. It began on November 30 with the killing of four students at Oxford High School by a 15 year old sophomore, Ethan Crumbley, who also injured seven other students while firing a 9mm semi-automatic handgun. What makes the case unusual is that his parents, James and Jennifer Crumbley were charged by the District Attorney, with four counts each of involuntary manslaughter on Thursday, December 2. The senior Crumbleys were subsequently arrested in the early hours of Saturday, December 4, in Detroit, Michigan by a joint taskforce of Detroit Police, FBI agents and the US Marshals Service. They were arraigned later in the morning of December 4 and all three are currently in Oakland County Jail. Ethan is being held without bail, his parents have bail set at $500,000 each. Review the timeline of the case to date with Mr. Lafayette, Street & Practical Law instructor at Leominster High School in Leominster, MA.
On November 30, 2021, Oxford High School in Oxford, Michigan was disrupted with a school shooting. Four students were killed, seven were injured during the 5 to 6 minute attack by a 15 year old sophomore, Ethan Crumbley. Just days earlier, James Crumbley, Ethan's father had gone to a local gun store with him to purchase a Sig Sauer 9 mm semi-automatic handgun.
On Wednesday, December 1, 2021, my Street & Practical Law students had a unique opportunity to meet and hear the Superintendent of the Massachusetts State Police, Colonel Christopher Mason, give an overview of the mission of the MSP. A Trooper for 28 years, Colonel Mason has risen through the ranks culminating in 2019 with his appointment by Governor Charlie Baker (R-MA) as Superintendent with the rank of Colonel.
After discussing the current structure of the department, in terms of Uniformed Division, Investigations Division, and other components of the MSP including anti-terrorism and cyber crimes, the Colonel then answered students' questions giving detailed answers. The MSP is New England's largest law enforcement agency with 2,200 sworn members and approximately 700 civilian employees. It is one of the oldest state law enforcement agencies in the Nation, with roots going back to 1865. Colonel Mason became the first Superintendent of State Police to visit the LHS campus. Accompanied by his Chief of State, Detective Lieutenant Mark Wheeler, both men were thanked by students for their service.
This episode consists of my introduction of Colonel Mason.
On Friday, November 19, 2021, a jury in Kenosha, WI found Kyle Rittenhouse not guilty on five charges that, if the results had been different, would have seen him spend the next 60 years in jail. How did this now 18 year old end up charged in the first place? What happened and when? The events that led up to August 25, 2020, had an impact on three nights of rioting in Kenosha. It was what brought Rittenhouse, a former police cadet and lifeguard from Antioch, Illinois there, to the city where his father lives. During the trial and the nearly 26 hours that the jury deliberated, many people were focused on what was happening. Apart from the facts and specifics of the trial, the role that the so-called "main stream" media received and is receiving as much, if not more attention. Listen as René Lafayette offers commentary on these events including what contributed to the verdict in this episode of Law With Mr. Lafayette.
The case is Wisconsin v. Rittenhouse (2021), a case dealing with two charges of murder and one charge of aggravated assault Leveled at now 18 year old Kyle Rittenhouse. The setting was Kenosha, Wisconsin during the month of August 2020. It occurred in the aftermath of the shooting by Kenosha police of Jacob Blake, 29, a black man who was shot seven times and left partially paralyzed as a result of his wounds. Who is Kyle Rittenhouse?Why was he there? What was he doing?These are among the topics discussed in this episode of Law with Mr. Lafayette.
The facts surrounding the case of Commonwealth v. Carter, a Massachusetts case dealing with the charge of involuntary manslaughter by Michelle Carter against her boyfriend Conrad Henry Roy III.
This is a case about mental illness. Social Anxiety. Depression. Control. Anorexia. Narcissism. The Commonwealth of Massachusetts charged Michelle Carter with the involuntary manslaughter of her boyfriend Conrad Henry Roy III. This case captured attention and visceral reactions from around the world when the trial began in June 2017. From a seemingly innocent meeting in Naples, Florida, in February 2012, where Carter and Roy were on separate family vacations, it began with a bicycle ride on the sugar-fine sandy beach of this Florida destination. It ended in July 2014 when Roy died of carbon monoxide poisoning in his pickup truck in the desolate parking lot of a closed supermarket in his hometown of Fairhaven, MA. Carter texted him "I love you, now do it." In this episode of Law With Mr. Lafayette, Street & Practical Law instructor René Lafayette, a social studies teacher at Leominster High School in Leominster, MA brings listeners into the lives of both Roy and Carter. He draws upon the September 2021 documentary by Discovery+ Michelle Carter: Love, Texts and Death, to provide us insight on these two young lives that end with one going to jail and the other dead. Mr. Lafayette provides his own view of the verdict and the role that technology, specifically text messaging played in what will be a criminal case of the decade. Share your reaction to the case by clicking on the following link and leaving a voice message: https://anchor.fm/ren-m-lafayette/message . There is a poll question attached to this episode, please take a moment to complete the one question poll.
After the episode on social media and our First Amendment rights, René Lafayette discusses the topic of personal privacy in the age of "big Tech." He discusses how our elected officials on the state and federal levels have an obligation to protect us, their constituents from unethical corporate practices including the "capture" of information without users knowledge. In this episode of Law With Mr. Lafayette, our host takes his perspective as a former state legislator and suggests what could be done and by who to safeguard our Constitutional rights guaranteed by the Fourth Amendment "...against unreasonable searches and seizures."
René Lafayette, Street & Practical Law Instructor presents listeners an overview and specific facts of the events that led to the February 23, 2020 pursuit and murder of Ahmaud Arbery, a 25 year-old black male. Drawing from several resources facts are gathered and presented for you to consider in the context of a murder that was videotaped and subsequent released on social media shocking the world in the process. A subsequent episode of "Law With Mr. Lafayette" will cover what happened in the hours, days and months following this tragic event. As this episode is dropped jury selection at the Glynn County Courthouse continues with 32 of the 64 required jurors having been qualified.
In this episode of Law with Mr. Lafayette, Street & Practical Law instructor René Lafayette proceeds to describe a recent Wall Street Journal investigation into social media megastar TikTok. In light of the phenomenal popularity of the social media app, with 1 billion users a month, WSJ discovered hundreds of videos about drug use, eating disorders and pornography sent to WSJ bots programmed to represent 13-15 year olds. Meanwhile, TikTok is gathering information from its viewers, often with neither their knowledge or consent. The addictive nature of TikTok has left teenagers and adults alike mesmerized and otherwise occupied with watching videos to the point of distraction. Interpersonal relationships, life events, and developing an appreciation of nature all suffer. There is no federal law regulating foreign owned technology companies, neither does Massachusetts have legislation safeguarding privacy of technology users. This poses a threat to our freedoms, all in the name of free speech.
In this episode, Mr. Lafayette discusses two movies that his students in both Street & Practical Law I & II viewed in classes this week. The movies are 12 Angry Men, a 1957 classic that brings viewers into the jury room where 12 strangers who heard testimony during a six-day trial now have to decide on the verdict with the 18 year-old defendant's life swinging in the balance. This was shown to Street Law I classes since that course focuses on criminal law. Street Law II students were shown The Verdict a 1982 movie dealing a negligence trial set in Boston where the plaintiff is one Deborah Ann Kaye, a comatose young woman who was the victim of doctors' negligence. Both films compliment the two courses perfectly showing students the inner workings of jury deliberations and the nuts and bolts of a civil jury trial. Join Mr. Lafayette as he highlights both films.
The American Constitution is more than a document that was written over two hundred years ago. It represents many of the uniquely American contributions to government. At once it provides the framework for the national government featuring three co-equal branches and a sharing of power between the national government and the state governments. That is the essence of federalism. The third function of the Constitution is protecting and identifying the rights of each citizen. However, the Constitution is honored and mentioned by name nearly every single day in one fashion or another. Today, Mr. Lafayette brings us across America to see how and where this document remains at the forefront of freedom and the foundation of American jurisprudence. From public officials to our men and women in the Armed Forces to courtrooms near and far.
[This episode of Law With Mr. Lafayette is dedicated to a devoted student and teacher of law for over 30 years, his friend and mentor as an educator, Peter M. Fedyszyn, retired member of the Social Studies Department at Blackstone-Millville Regional High School, and "Street Law Meister" to generations of students, many of whom have gone on to successful careers in the military, law enforcement including the U.S. Secret Service Protective Operations Division and public and private sectors. Mr. Fedyszyn continues to assiduously continue his study of law and current events.]
[This episode of Law With Mr. Lafayette is dedicated to a devoted student and teacher of law for over 30 years, his friend and mentor as an educator, Peter M. Fedyszyn, retired member of the Social Studies Department at Blackstone-Millville Regional High School, and "Street Law Meister" to generations of students, many of whom have gone on to successful careers in the military, law enforcement including the U.S. Secret Service Protective Operations Division and public and private sectors. Mr. Fedyszyn continues to assiduously continue his study of law and current events.]
The Constitution of the United States, at once a symbol of national unity and that broad, popular consensus that makes effective government possible. It is more than a document giving and limiting powers - it is the supreme law of the land. Join Mr. Lafayette, Street & Practical law instructor at Leominster High School in Leominster, Massachusetts as he discusses the role this document continues to play as the foundation of American Jurisprudence. Its relevancy remains central to defining not only our Nation, but the rights that each citizen of our great Republic enjoys.
In this episode, Street & Practical Law instructor René M. Lafayette provides us a unique insight to the opening of a new Term for the United States Supreme Court. The 2021-2022 Term will start on October 4, 2021 when the nine Justices assemble in what Lafayette calls "the marble temple of justice," the Supreme Court Building located at One First Street, NE in Washington, DC. Touching upon the traditions that the Court carefully preserves, Mr. Lafayette provides an overview of some of the cases that the Court agreed to hear dealing with diverse issues like God, guns, abortion rights, and terrorism. Drawing upon several resources including the Oyez.org website, Mr. Lafayette leads his listeners through the cases sure to earn national if not international attention as the highest court in the country listens to oral arguments and reviews lengthy legal briefs. The outcome of each case will have far-reaching consequences. Join him now as you and fellow listeners are transported to Capitol Hill and the understated elegance of the Supreme Court's courtroom.
Follow along as Mr. Lafayette describes the law-making process in the Commonwealth of Massachusetts. Beginning with the idea through to being signed by the Governor and then becoming part of the Massachusetts General Laws. Himself a former four-term State Representative in Rhode Island, Mr. Lafayette started as a Page while a junior in high school, eventually becoming a member of the staff of the Speaker of the House while in college. A year after graduating college, Mr. Lafayette was elected at the age of 24 to represent a House District in his hometown of Woonsocket. He would go on to be elected to a total of four two-year terms.
The basis or foundation of law is discussed in this episode, traced from Ancient Greece and Rome to Judeo-Christian principles, and other philosophers. Both common law and natural law are referenced as well. In the Declaration of Independence of Independence, its author, Thomas Jefferson made direct reference to Natural Law as the basis for "life, liberty and the pursuit of happiness" as well as the foundation of government itself.