Structural inequality affects the process of criminal justice, because black defendants lack material and structural support systems which would normally keep them out of prison.
The county is huge, and many defendants lack cars to get them to their treatment center, Judge Marcus said.
Instead, intoxication may assist the defence arguing that the defendant lacked the appropriate mens rea (mental element) for the crime.
First, the defendant, Brand Technologies, Inc., lacked sufficient contacts with California for exercise of general jurisdiction.
The court also ruled that the defendants lacked standing to challenge the validity of Go-Video's basic patent on a dual-deck recorder, the company said.
Having done so, he concluded, as a matter of 'inexorable logic,' that a mistaken belief in consent meant that the defendant lacked mens rea.
Furthermore, although the decision awarded £60,000 to the company, McDonald's legal costs were much greater, and the defendants lacked the funds to pay it.
Mr. Gillers said the rule limiting comments by lawyers was unfair because defendants typically lack the press contacts and public relations mechanisms the Government enjoys.
The awareness provision would not necessarily mean that the defendant in Parkin v. Norman lacked sufficient mens rea.
The defendant lacks all remorse and poses a serious danger to the community.