Chris Uggen's Blog: probation and the not-quite-sacred sunday ritual

Thursday, December 20, 2007

probation and the not-quite-sacred sunday ritual

at last count, there were 4,237,023 probationers in the united states. on friday, they all found a hero in judge andrew j. kleinfeld of the u.s. court of appeals for the ninth circuit.

the circuit court ruled in united states v. betts (no. 06-50205) that probationers cannot be banned from alcohol use unless their crimes had something to do with drinking. writing for a unanimous panel, judge kleinfeld stepped up strong in defense of certain fundamental and near-sacred rights:

"consumption of alcohol does not rise to the dignity of our sacred liberties, such as freedom of speech, but the freedom to drink a beer while sitting in a recliner and watching a football game is nevertheless a liberty people have, and it is probably exercised by more people than the liberty to publish a political opinion."

the ruling comes just in time for the holidays and the playoffs.

2 Comments:

At 6:31 AM, Blogger S.S.STONE said...

"A beer"
I like the way he pointed out "A" beer.

I didn't know those on probation were inhibited from drinking. Thank you for sending this info out.

 
At 11:54 AM, Blogger Travis Linnemann said...

And the net begins to shrink. Now how long until most states get on board? This is where most probationers and variance in terms of conditions reside.

 

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