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Posts Tagged ‘Jerry Springer’

Ted Williams Detained: “My Daughter Attacked Me!”

Ted Williams, the homeless man who became a YouTube sensation for his “golden voice,” was taken in to custody by Los Angeles Police Monday night after an altercation with his daughter. Williams and his daughter were removed from the Renaissance Hotel in Hollywood around 9 PM after police received a disturbance call from hotel staff. [...]

Hugh Grant Sex Scandal Made Prostitute Divine Brown Millions

One man’s shame was this woman’s meal ticket…. Divine Brown, the former streetwalker who made headlines for her famous 1995 encounter with Hugh Grant has publicly thanked the actor for “changing” her life – because she was able to carve out a “wonderful” new existence after the almost career-ending scandal. Hugh Grant’s celebrating his 50th birthday this [...]

MTV “Jersey Shore” Season 2 Trailer

MTV Shows They’re back! And this time Pauly D, Ronnie, Vinny, The Sitch, Snooki, Angelina, JWoww, and Sammi are tan-orizing The Sunshine State! The return of Jersey Shore is upon us, and not a moment too soon for Reality Fanatics with a thirst for drama and a zest for Tequila and fist-pumping. Take a peek at [...]

Jerry Springer To Host Dating Show “Baggage” On Game Show Network

Trashy TV talk show host Jerry Springer is stepping away from the world of chatty transsexuals and cheating midgets and putting on his game show hosting hat to help lovelorn singles find a mate.

Baggage will debut next month on the Game Show Network, GSN bosses said Tuesay. The series gives three contestants the chance to [...]

Anna Nicole Smith Opera

Get ready for Anna Nicole: The Opera. Britain’s renowned Royal Opera will stage the world premiere the Anna Nicole Smith Opera, a work about the life of former Playboy model, actress and tabloid darling Anna Nicole Smith, next Feb. 17.

The production was co-written by British playwright Richard Thomas, one of the creators of Jerry [...]

Evening Crunch Crumbs: Why Is Vanity Fair’s Young Hollywood So White & Waify?; Lady Gaga Lindsay Lohan Duet?; Prince Harry Dancing To Calypso

-Jezebel is wondering why Vanity Fair’s 2010 Young Hollywood spread only features petite, white actresses. Where are the African-Americans, Asians, Latinas… you get the point. Although, I must say I’m more offended that someone actually considers Kristen Stewart a talented actress.
-Project Runway’s Nina Garcia is writing another book…..
-RuPaul’s Drag Race Season 2 kicks off [...]

Senator Vitale vs. “Jersey Shore” — New Jersey Lawmakers Call For Investigation Of MTV Series

Uh-oh, it appears “Snooki N’ Nem” (Honestly, who can remember all of their names?) have attracted their biggest detractor yet: New Jersey Senator Joseph Vitale.
On Tuesday, Vitale, who is the chairman of the New Jersey Italian American Legislative Caucus, announced that he and his caucus have sent a letter to MTV parent company Viacom imploring [...]

Kevin Skinner “Ellen” VIDEO (”If Tomorrow Never Comes” LIVE)

Many America’s Got Talent fans have a bone to pick over Wednesday night’s crowning of Kevin Skinner as this season’s champion. The country-singing chicken farmer beat out the operatic sounds of crowd favorite Barbara Padilla to take the $1 million grand prize. Nonetheless, the shy husband and father will headline the AGT stage show, hosted [...]

How would you prosecute the PM?

Corinna Ferguson talks Zasta through the rare, and costly, route of bringing private prosecutions against breaches of criminal law

Zasta asks:

“Are there any guidelines to help members of the public bring prosecutions against prominent public figures?How would you go about prosecuting the PM, the Queen or a head of the police force if you felt they were in breach of the law?

For example, Mark Thomas’s attempt to prosecute Gordon Brown for infringing SOCPA or if an individual felt that fraud had been committed during the MPs’ expenses scandal?”

Although there has always been a right to bring private prosecutions for breaches of the criminal law – indeed before 1879 there was no public prosecutor so it was the only way that anyone came before the criminal courts – it is a rarely-used procedure. There are a number of reasons for this. First, the police and prosecuting authorities have a duty to investigate and prosecute breaches of the criminal law, and they should only refuse to do so if they consider there is insufficient evidence or it is not in the public interest to prosecute. Second, private prosecutions are expensive to bring and entail a risk of being ordered to pay the defendant’s costs. Third, it will often be difficult for a private individual to gather sufficient evidence t o meet the high standards of proof which apply in criminal cases. Finally, the Crown Prosecution Service has the power to take over any private prosecution and thereafter to continue or discontinue it.

The first port of call for anyone who believes that a crime has been committed is to refer the matter to the police and/or the director of public prosecutions. This is what Mark Thomas was intending to do after Gordon Brown failed to obtain authorisation for what Thomas thought might amount to a “demonstration” in Parliament Square. However the question of whether all of the elements of an offence are present, or whether it is the public interest to prosecute may be highly contentious, and it is extremely difficult to challenge a decision of the DPP not to prosecute. So a private prosecution may be the only option for someone determined to see the matter in court and willing to take the financial risk.

The procedure was famously used in the Jerry Springer: The Opera blasphemy case that Anna Fairclough talked about in last week’s clinic. The prosecution was unsuccessful but the court did not question the right of a private individual, to bring the case in principle. Another well-known example of a private prosecution followed the Marchioness disaster in 1989. The high court upheld the right of the widower of one of the 51 victims to bring a prosecution for manslaughter against the owner and four employees of the dredger which had sunk the Marchioness pleasure boat. The court rejected the defendant’s argument that the prosecution should not be allowed because the CPS had already considered the matter and decided to bring charges only for “failing to keep a proper lookout”.

A private prosecution is commenced by requesting a summons from the magistrates’ court. A summons will only be issued if the magistrates are satisfied that (1) the allegation is of an offence known to the law, (2) the essential ingredients of the offence appear to be present, (3) the offence alleged is not brought too late, (4) the court has jurisdiction, and (5) the informant has the necessary authority. Further, some types of proceedings require the consent of a judge or the attorney general, including prosecutions for criminal libel against anyone responsible for the publication of a newspaper, prosecutions for incitement to racial hatred and prosecutions for assisting suicide.

The tests a Crown prosecutor must apply in deciding whether to pursue a prosecution (ie whether there is a realistic prospect of conviction and whether prosecution is in the public interest) do not apply to a private prosecutor. In practice, however, if the tests are not met the case is unlikely to get very far. This is because of the power given to the CPS to take over a case in order to put a stop to it. The CPS guidance says that a private prosecution “should be taken over and stopped if, upon review of the case papers, either the evidential sufficiency stage or the public interest stage of the full code test is not met”. The courts have pointed out that if the CPS apply precisely the same test when deciding whether to discontinue a case as they do when deciding whether to start proceedings in the first place then the right of private prosecution would be undermined. The fact that the CPS would not have brought the proceedings itself should not preclude a private prosecution going ahead.

The CPS guidance also states that it may be necessary to stop a private prosecution even where the evidential and public interest tests are met, if there is “a particular need to do so, such as where the prosecution is likely to damage the interests of justice”. One of the examples given is “cases where it can be said that the prosecution is vexatious… or malicious”. A private prosecution which is politically motivated, for example, may well be cut off for this reason.

So, in principle, it is possible for a member of the public to prosecute a public figure for an offence under SOCPA or indeed for fraud. However, even assuming that the difficulties outlined above can be overcome there are two further practical problems. First, a private prosecutor does not have any of the powers of the police to seize evidence or question suspects, and he or she has no right of access to statements, evidence, or other documents held by the CPS. Putting together sufficient evidence to amount to a “case to answer” on the basis of publicly available material will often be tricky. Second, the court may make an order that a party pay costs that have been incurred as a result of an unnecessary or improper act or omission. If it considers that the prosecution was completely misconceived and the defendant incurred costs as a result then there may be a substantial bill to pay.

Finally, all you Guardian-reading monarchists will be pleased to be reminded that the monarch is immune from being sued or prosecuted in the courts. So the Queen can demonstrate in Parliament Square without prior authorisation to her heart’s content.

Do you have a civil liberties or human rights question for the Liberty lawyers? Post it in our Liberty Clinic open thread.

guardian.co.uk © Guardian News & Media Limited 2009 | Use of this content is subject to our Terms & Conditions | More Feeds


The worst best films ever made

La Dolce Vita, The Searchers, Schindler’s List … some movies are so universally acclaimed, you just can’t slag them off. Or can you?

I’d like to begin, not with the customary introduction, but by asking forgiveness – because given the passion that cineastes nurture for the films they love, this piece might be seen as a malicious provocation. But it is merely, for me, a clearing of the air – a personal catharsis to shake off the years of tolerating, or even pretending to admire films that, in reality, I profoundly dislike.

What follows isn’t so much an objective article as a personal caprice – the “outing” of a number of films that are claimed by those in the know to be not merely good but “great”.

This is the story of why those films leave me cold, bored and searching desperately for the eject button.

Is there anybody today, for instance, who will stand by the once widely held conviction that Luchino Visconti’s Death in Venice is a masterpiece? Apparently: Peter Bradshaw of this newspaper asserted in a five-star review that it is “magnificent”. It won a Palme d’Or, an Oscar and a Bafta. It was lauded to the skies for its cinematography.

But as David Mamet once observed, if you come out of a film only admiring its cinematography, then you have probably been sitting through a lousy film. That’s certainly true of Death in Venice, which is a lot of window-dressed camp nonsense smuggling itself into the canon disguised as art.

That plot in full: German novelist Gustav von Aschenbach (Dirk Bogarde) goes to Venice to recover his inspiration, checks into a hotel and spends the next two hours, as cholera threatens the city, rubbernecking a beautiful adolescent boy in repressed paedophiliac lust. After several months of this, Aschenbach drops dead in his deckchair.

It is beautiful, luscious, leisurely, elegiac and so forth. But it has the regrettable drawback of being staggeringly tedious. It captures none of the nuance of Thomas Mann’s original novella, which was an eloquent meditation on the creative impulse, longing, the fading of artistic powers and the final triumph of the body over the mind. The film, in contrast, is not so much a masterpiece as a colossal piece of soft-focus masturbation.

Many critics have now rumbled Death in Venice. Not so John Ford’s The Searchers. Cahiers du Cinéma rated it the 10th best film ever made. The American Film Institute recently hailed it as the greatest western of all time.

It’s 1868. Comanches attack a homestead, slaughter most of the occupants and abduct a young girl, Debbie Edwards. John Wayne, playing Ethan Edwards, Debbie’s uncle, sets out with a posse to find her. When he does – after several years – Debbie decides she doesn’t want to go home because the Comanches are now her people. Ethan, infuriated, tries to kill the girl, but Martin, her step-brother, prevents him. Then after a brief interregnum, during which Martin and Ethan return to the homestead for some light relief, they track her down once more and Ethan again looks as though he’s going to execute Debbie. But he changes his mind. He tenderly takes a now-willing Debbie home.

The film fails to explain why Ethan would go to such trouble to find the girl if he only wants to kill her. Nor does it explain why he changes his mind at the end (or, for that matter, why Debbie changes her mind about sticking with the Comanches). The rude mechanicals of the piece – such as the absurd Swedish homesteader, Lars Jorgensen, whose verbal repertoire is limited to statements like “Yumping Yiminy!” – add a patina of slapstick that at times drags the film down to the level of Blazing Saddles.

Beautiful landscapes, yes, but you could put Basingstoke High Street in Monument Valley and it would look mysteriously evocative. A critique of racism? Only if you believe that portraying Native Americans as sadistic, rapacious savages is enlightened. A subversion of the whole genre? John Ford would have laughed at the idea.

Like The Searchers, François Truffaut’s Jules et Jim has few detractors. I am definitely and proudly one of them. In fact, I would very happily tell Ethan Edwards that the cast and crew were Comanches and set his psychotic rage on to them.

High concept? It’s a nouvelle vague buddy movie, set in France before the first world war. A pair of dreary, self-obsessed young men, one Austrian (Jules) and one French (Jim), meet Catherine (Jeanne Moreau), a “free spirit”. They spend the film competing for her affection. They have philosophical discussions about art and literature. Then, to pep up the storyline a bit, war breaks out and J&J are called up. Afterwards, they move to Austria and have some more philosophical discussions about love and poetry. They swap partners, and, despite the agony involved, show no emotion at any time – they are too cool for that sort of thing. Then Catherine dies in a car crash with Jules, or possibly Jim. Who cares? Fin.

Despite its historical setting, it is a film anticipating attitudes of the 60s by people who have an absurd, privileged and conceited idea of what the 60s should or will be. Its wit is not witty, its insights are nonexistent and its script is mannered and self-indulgent. Jeanne Moreau is beautiful. That alone does not make it one of the greatest films of all time – or even of 1962. Had Jules, Jim and Catherine been born a few generations later, they could have sustained 10 minutes of interest on the Jerry Springer show. Or at least five.

Fellini’s La Dolce Vita makes Jules et Jim appear restrained in its commitment to the unintentionally absurd and facetiously tedious. Marcello, the central character, a showbiz hack, has a clinging fiancee, Emma, with whom he lives in a dreary flat. Being Italian, he has lovers, one of whom, the bored and jaded Maddalena, he takes to a prostitute’s flat and slips some of the old Salami Romano. Emma attempts suicide but Marcello is unmoved – as characters in continental arthouse movies unaccountably are when faced by unusual or tragic circumstances. Then he finds himself alone with an “American” movie star, Sylvia (Anita Ekberg, who, being Swedish, is staggeringly miscast). Sylvia is one of the most tiresome and unconvincing creations in world cinema. She vogues in the Trevi fountain, giggles like a hyena and repeatedly thrusts her enormous breasts at the camera.

The film was hailed as a non-narrative masterpiece and a unique exercise in the “aesthetic of disparity” (that’s the critic Robert Richardson), but it could more easily be summarised as a turgid, lazy mess of half-realised conceits. And yes, I understand that it’s a satire on decadence, not a tribute to it. But only in that same sense that the Sun vilifies people over sex, while being obsessed with undressed women. It’s called having your panettone and eating it.

Shifting to modern cinema, there is Steven Spielberg’s Schindler’s List, which features at No 9 in the AFI’s list of the greatest American movies and No 1 in Tim Lott’s list of all-time embarrassments. This film is actively offensive. To watch a group of cringing Jews gather around the “good German” during the Holocaust is bad enough. To manipulate one’s emotions, as when a group of incongruously good-looking refugees are tempted into the camp shower block only to receive – yes, showers! – is disgusting. And the final scene, straight out of a prime-time soap, when Schindler breaks down in tears and weeps “I didn’t save enough”, is enough to make the toughest stomach regurgitate its contents.

The only genuinely moving moment is when the movie is over, and the authentic Schindler survivors are shown visiting the real Schindler’s grave. For documentary or literature are the only forms big enough and true enough to fit the Holocaust. Go and see Claude Lanzmann’s Shoah, or read a book by Primo Levi, if you want to know about the death camps. And if you want to be entertained by a tragedy with a happy ending set in an inhumane prison environment, go to see The Shawshank Redemption instead.

Or not. The Shawshank Redemption is a perfectly OK B-movie, worth three and a half stars from any critic, but the idea that it is the greatest movie of all time – repeatedly voted No 1 by cinemagoers (though not by critics) – is not so much offensive as simply mystifying.

It’s a straightforward Hollywood prison drama, in which the good people are a bit too good and the bad people are a bit too bad. The hero, Andy Dufresne (Tim Robbins), accused of a murder of which he is innocent, settles into prison life after having the misfortune of being repeatedly sodomised for several years by those nasty sex-crazed monsters that always seem to make a cameo in these prison films. He makes friends with Ellis “Red” Redding (Morgan Freeman), who is unaccountably pretty much the only black person in the prison. He builds a library – well, this is Hollywood – and helps the nasty warden swindle his accounts. Eventually he gets revenge on the warden, escapes and goes to live on a beach. Freeman later joins him. The end.

The narrative is mildly engaging and the characters well enough drawn – so it’s a decent movie, and certainly an improvement on Escape from Alcatraz – but not by all that much. And it’s certainly not the best movie ever made.

Dear reader, if I haven’t offended you personally yet – be patient. Other films I consider to be profoundly overpraised include Kieslowski’s Three Colours Red (nothing happens), Tarkovsky’s Solaris (nothing happens in space) and Von Stroheim’s Greed (nothing happens in the desert for 10 hours).

Marcel Carné’s Les Enfants du Paradis is dated, overlong and absurdly wordy – in short, overly French. Jean Renoir’s La Règle de Jeu (according to many francophile critics, the greatest film ever made), is only a country-house drama with less veracity or dramatic power than Upstairs Downstairs. Charles Laughton’s The Night of the Hunter has moments of melodrama that would not shame an episode of Scooby-Doo. On the Waterfront is a masterclass in ham acting – and if you really want to witness the Method at its best, check out Sidney Lumet’s The Pawnbroker, from 1964.

None of these “masterpieces” deserves a place in history more than large numbers of other films that are either forgotten, not noticed in the first place, or languish on the outer periphery of the canon. The Blair Witch Project and The Innocents, for example, are much scarier and more innovative than the highly lauded Psycho. The dialogue-free Philip Glass/Godfrey Reggio project Koyaanisqatsi is one of the most original movies of the last 30 years. South Pacific and All That Jazz both make Singin’ in the Rain look like the empty spectacle it is. Try, also, The Rapture, a weirdly wonderful film about religious cults by Michael Tolkin (who wrote The Player), Max Reinhardt’s A Midsummer Night’s Dream, Terence Davies’s masterful Trilogy and my personal greatest of all time, Elem Klimov’s Come and See, a 1985 Russian war epic that makes Apocalypse Now look lightweight.

Please feel free to write in and tear any of these films to shreds. They might even deserve it. And let me tell you – it will make you feel a whole lot better. God knows, writing it down did wonders for me.

guardian.co.uk © Guardian News & Media Limited 2009 | Use of this content is subject to our Terms & Conditions | More Feeds


Can you call for the abolition of the monarchy without risking the noose?

As long as pabloquema isn’t plotting the Queen’s death, Anna Fairclough is confident he can avoid prosecution for treason

pabloquema asks:

As a subject of the British crown, how do I call for the abolition of the monarchy without risking the noose?

To keep this reply reasonably short, I am going to assume that you are not actually advocating or plotting the Queen’s death, which could amount to treason, carrying a penalty of life imprisonment (in addition to the penalties for any other offences you may commit).

Probably more to the point is section 3a of the Treason Felony Act 1848, which makes it an offence for any person (British subject or not) to call for the abolition of the monarchy. The wording of the act is as follows:

. . . If any person whatsoever shall, within the United Kingdom or without, compass, imagine, invent, devise, or intend to deprive or depose our Most Gracious Lady the Queen, . . . from the style, honour, or royal name of the imperial crown of the United Kingdom, or of any other of her Majesty’s dominions and countries, or to levy war against her Majesty, . . . within any part of the United Kingdom, in order by force or constraint to compel her . . . to change her . . . measures or counsels, or in order to put any force or constraint upon or in order to intimidate or overawe both houses or either house of parliament, or to move or stir any foreigner or stranger with force to invade the United Kingdom or any other of her Majesty’s dominions or countries under the obeisance of her Majesty, . . . and such compassings, imaginations, inventions, devices, or intentions, or any of them, shall express, utter, or declare, by publishing any printing or writing, . . . or by any overt act or deed, every person so offending shall be guilty of felony, and being convicted thereof shall be liable, . . . to be transported beyond the seas for the term of his or her natural life . . .

The section can be explained in reasonably plain English as prohibiting:

1. compassing (contriving) etc generally; and

2. compassing (contriving) by publication, in order:

(a) to deprive the monarch of the Crown; or

(b) to levy war against the monarch; or

(c) to encourage foreigners to invade the UK.

It remains an open question whether calling for abolition of the monarchy by peaceful means would fall foul of (a) above, or whether only those calling for abolition by the use of force would be caught. That question came before the House of Lords in a 2003 case brought by the Guardian’s editor Regina v Her Majesty’s Attorney General (Appellant) ex parte Rusbridger and another (Respondents) but the Lords declined to decide it because, since no prosecutions under section 3 have been brought since 1883, and none were threatened, the court felt that the question was purely theoretical, and it was not the function of the courts to bring the statute book up to date.

Section 3 above would certainly appear to prohibit peaceful political debate on the virtues of republicanism. Whilst refusing to decide the point, Lord Steyn in the Rusbridger case explained that “The part of s3 of the 1848 act which appears to criminalise the advocacy of republicanism is a relic of a bygone age and does not fit into the fabric of our modern legal system. The idea that s3 could survive scrutiny under [the Human Rights Act 1998] is unreal”. If such a case were ever to be prosecuted, then, it is very likely that section 3 of the 1848 act would be reinterpreted using the Human Rights Act 1998 so as to give proper weight to the rights protected by article 10: the right to freedom of expression.

Article 10 is not an absolute right, so interferences with freedom of speech can be justified provided they meet the criteria laid down in article 10(2). Broadly, this means that interferences need to be governed by a clear and accessible law; pursue one of the legitimate aims listed in 10(2) (such as national security, public safety, the prevention of disorder or crime, the protection of health or morals, the protection of the reputation or rights of others); and be proportionate to the aim pursued.

A comparison might be drawn with the fairly recent case of R (on the application of Green) v City of Westminster Magistrates Court (2007) in which a Christian group sought unsuccessfully to bring a private prosecution for blasphemous libel – another archaic offence – against the BBC and the production company of Jerry Springer – the opera. The court considered whether the existence of the offence of blasphemy breached article 10, and decided that it did not, but only because blasphemy should be understood to be criminal only “if what is done or said is such as to induce a reasonable reaction involving civil strife, damage to the fabric of society or their equivalent.” It would not be enough to show that “some people of particular sensibility are, because deeply offended, moved to protest.” Rather, “what is necessary to make such material a crime is that the community (or society) generally should be threatened.” The test here is set so high that it is hard to envisage what behaviour would be criminal – and the offence of blasphemous libel was in any event promptly repealed following this case.

Finally, you might be relieved to see from the wording of the section above that the penalty for calling for the abolition of the monarchy is not the noose, but merely being transported beyond the seas for the remainder of your natural life. Whilst that might not sound so bad, unfortunately successive legislative changes mean that the penalty would now be life imprisonment. Even if it were the noose, you could rely on the Human Rights Act again, because, by incorporating article one of the thirteenth protocol, the death penalty is prohibited in the UK.

So to sum up: if you are unlucky enough to be the first person prosecuted for calling for the abolition of the monarchy since 1883, you could argue that your prosecution breaches your right to freedom of expression, and if your campaign is peaceful you are virtually certain to succeed. If youadvocate the use of violence, or some particularly heinous means of deposing Her Majesty, you might face more difficulty as well as potentially committing other offences at the same time, including sedition (vilifying or degrading the Queen with intent to cause violence). Whatever happens, you won’t face the noose.

Do you have a civil liberties or human rights question for the Liberty lawyers? Post it in our Liberty Clinic open thread.

guardian.co.uk © Guardian News & Media Limited 2009 | Use of this content is subject to our Terms & Conditions | More Feeds


Christina Patterson: Why I love self-help books (even though they don’t work)

When I was 14, my mother bought me a book called A Year of Beauty and Health. Boy, did she regret it. That year, no…