14 October 2009

Bondage, Discipline and Slavery, Supreme Court Style

A curious case that both Jacob Sullum (in August 2008) and I (in March 2007) blogged about in its earlier phases reaches the Supreme Court.
It involves New York man Glenn Marcus and whether his bondage and discipline relationship with one of his voluntary "slaves" was truly voluntary. The specific issue in the appeal to the Court is more procedural, though, as summed up by the always useful ScotusBlog:
Whether the Second Circuit departed from the Court’s interpretation of Rule 52(b) of the Federal Rules of Criminal Procedure by adopting as the appropriate standard for plain-error review of an alleged ex post facto violation whether there is any possibility that the defendant could have been convicted based exclusively on conduct that took place before the enactment of the statutes in question.

Link in the reason title. Read the rest of Brian's take there.

My take? I made a few comments on the thread. Does not sound to me that this should have ever been a case. Looks like she was a willing partner and then went weird on the poor guy. Plus, there is the whole thing about the crime did not exist at the time the acts occurred.

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