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OPENING STATEMENTS APRIL 2023 WWW.LAWYERSREADYTOFIGHT.COM 317-934-9725 | INFO@RDLAWOFFICE.COM
FROM THE DESK OF
John Razumich
APRIL FUN FACTS AND HOLIDAYS
April 1 - April Fools Day April 2 - National Handmade Day April 3 - National Find a Rainbow Day April 4 - National School Librarian Day April 5 - Passover April 6 - National Student-Athlete Day
SHOULD LINES IN A SONG BE ALLOWED AS EVIDENCE? LYRICS AND LAW
April 7 - Good Friday April 8 - Holy Saturday April 9 - Easter Sunday April 10 - National Siblings Day
April 11 - National Pet Day April 12 - American Civil War April 13 - Thomas Jefferson’s Birthday April 14 - National Garden Day April 15 - Jackie Robinson Day April 16 - World Voice Day April 17 - Patriots’ Day April 18 - Tax Day April 19 - Administrative Professionals Day April 20 - National High Five Day April 21 - San Jacinto Day April 22 - Earth Day April 23 - National Picnic Day April 24 - National Autism month April 25 - World Penguin Day April 26 - Pretzel Day April 27 - Take our Daughters and Sons to Work Day
Taylor Momsen said, “My lyrics are my diary — you’re hearing every detail of my life,” but when evaluating those details in a court of law, how much validity can we give them?
Many would agree that songs, and their lyrics, are a form of artistic expression, and like all art, we can’t take what we hear as the truth. If that were the case, a song like “I Shot the Sheriff” would surely result in jail time. However, courts around the United States use rap lyrics as evidence against criminal defendants as proof of a crime. And according to the American Civil Liberties Union, court systems allowed these lyrics to be used against rappers 80% of the time they were presented.
But is this legal?
Generally, if a defendant has a criminal record, prosecutors can’t use those previous crimes against the defendant in their current trial. Some legal teams use this tactic to paint the defendant as a “bad person” who is likelier to commit the crime they’re being tried for because the crime fits their character. Categorized as “character evidence,” this has been proven to prejudice the jury against the defendant by distracting them from the facts of the case to instead focus on what they think someone has the propensity to do.
April 28 - National Superhero Day April 29 - International Dance Day April 30 - International Jazz Day
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This is where rap lyrics are often used in legal proceedings, with graphic lines portraying violence or drugs to make the jury believe these are literal facts and that a defendant is a bad person. However, in New Jersey v. Skinner , the state of New Jersey argued that rapper Vonte Skinner’s lyrics were actual evidence, proving that he had the motive to kill. One of the most contested lyrics from the case was “[he] wouldn’t listen, so I hit him with the Smithen,” and the court argued the line itself was proof that Skinner committed the attempted murder. While you may be thinking, “Well, why would he even say that?” Think of all the times you frustratingly told a friend, “If you do that, I’ll kill you!” or even a simple “break a leg!” Did you mean it? Certainly not, and many things we say daily aren’t meant to be taken literally. So, in the summer of 2022, the U.S. House of Representatives introduced the Restoring Artistic Protection or RAP Act, which would effectively ban all lyrics from being used in court unless they meet specific requirements. This bill states that as an artist, a rapper’s lyrics are part of their artistic expression and are simply an act of creativity. However, lyrics may be admissible if they specifically refer to the crime in question or if “the expression has distinct probative value not provided by other admissible evidence.”
In the case of New Jersey v. Skinner , the New Jersey Supreme Court ruled that Skinner’s lyrics should never have been used as evidence. But on a federal level, the RAP act is still making its way through the legislative process, so for now, the ability to use lyrics in court remains uncertain.
CHEESE AND DESIST! McDonald’s Customers Sue for Being Forced to Pay for Cheese
In Fort Lauderdale, Florida, things got a little crazy! Two McDonald’s customers sued the fast-food chain for $5 million, alleging they were unfairly charged when they ordered Quarter Pounders without cheese. According to the lawsuit, the fast-food restaurant chain historically had four menu options: a Quarter Pounder with cheese, a Double Quarter Pounder with cheese, a Quarter Pounder, and a Double Quarter Pounder. The “with cheese” options were roughly between 30 cents and 90 cents more expensive than the “without cheese” burgers. At some point, McDonald’s discontinued the “without cheese” options.
These customers ordered Quarter Pounders but asked for no cheese on their burger, and they did not receive cheese on their burger but were charged the same price as a Quarter Pounder with cheese. Their lawsuit states that they, and other customers who do not want cheese on their burgers, are forced to pay for two slices of cheese anyway, and they sued for damages as a result of being overcharged and required to pay for American cheese when they did not want or receive it on their burger. According to USA Today, a McDonald’s spokesperson advised that the company does its best to allow customers to customize their food orders. If someone doesn’t want cheese
Only a Quarter Pounder with cheese and a Double Quarter Pounder with cheese were available at the time these two customers visited the restaurant. The ingredients listed on McDonald’s website for these items include a sesame seed bun, quarter-pound 100% beef patty, ketchup, onions, pasteurized processed American cheese, and pickle slices.
as it is listed on the menu, the fast- food chain will not include cheese, thus they didn’t think the lawsuit has any merit. And because the McDonald’s customers failed to prove they were damaged by an overcharge, the case was dismissed!
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Never Doubt a Canine’s Senses
ONE SNIFF CAN SAVE A LIFE
Dogs are known for their keen sense of smell — on TV, you will often see dogs that can find missing people or even search for drugs and bombs. When dogs use their extraordinary senses for a particular job, they’re often trained for that one purpose, but even without training, dogs do seem to know something is wrong.
After a couple of hours, Frances Wall, Roger’s owner, began calling for Roger. When he didn’t immediately come home when she called, she started looking for him, and that’s when she found Roger and Cohen. She
immediately called emergency services, and three firefighters came by the home to free Cohen. They quickly took him to the hospital because they worried about hypothermia.
Roger, the Jack Russell terrier-poodle mix, is a great example.
Our story takes place in Ringwood, England, in December 2022. Winter was in full swing, with temperatures below freezing. No one wanted to find themselves outside in the cold for too long because it could be dangerous. Unfortunately, that’s what happened to 94-year-old Morris Cohen, and he almost died. Cohen just got home and parked his car in the garage when he found himself in a spot of trouble. As he tried to exit his vehicle, his walking stick suddenly snapped in half. Unable to keep his balance, Cohen fell and became wedged under his car’s brake and clutch pedals. The man called for help several times, but unfortunately, no one could hear his pleas, and he remained stuck overnight. The next day, Roger’s owners let him roam around outside. Roger began sniffing around Cohen’s home (some believe Roger had heard the man’s calls for help), and once Roger found the elderly man, he didn’t leave his side for the rest of the day.
Over a week later, medical staff released Cohen from the hospital, and now he gives Roger treats whenever he sees
him. “I owe my life to that dog. They [health care professionals] said that if I would’ve been there for a few more hours, I would have been a goner,” Cohen told Bournemouth Daily Echo. Fortunately for Cohen, Roger’s amazing canine senses saved the day. It’s always great to have a furry friend around — you never know when their incredible skills will come in handy!
Thermometer! Take a break!
Easy Fruit Dip
Inspired by InspiredByCharm.com
Spring is here, which means it’s time to enjoy fresh fruits and refreshing treats! This recipe has only four ingredients and can be made in under five minutes, so it’s great to bring to parties or make before a quick get-together. We recommend serving it with strawberries or cut-up pineapple, mango, and honeydew.
Ingredients
• 1 7-oz jar marshmallow fluff • 1 8-oz package of cream cheese, softened • 1 cup vanilla yogurt
• Splash of maraschino cherry juice • Fresh-cut fruit of your choice
Directions
1. In a bowl, place all the ingredients except fruit and blend with a hand mixer until smooth. 2. Cover bowl with plastic wrap and refrigerate for 1–2 hours before serving. 3. Serve with fresh-cut fruit. Dip and enjoy!
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DEFENDING YOUR RIGHTS, FIGHTING FOR YOU www.lawyersreadytofight.com 317-934-9725
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INSIDE THIS ISSUE
From the Desk of John Razumich PAGE 1 The Uncertainty of Lyrics and the Legal System PAGE 1
Hold the Cheese, Please! PAGE 2
Roger to the Rescue! PAGE 3
Easy Fruit Dip PAGE 3
What Is the Nordic Diet? PAGE 4
NEED A NUTRITIONAL BOOST? Try the Nordic Diet!
Every other month, new dieting fads seem to take the world by storm. Some popular diets aren’t beneficial, while others have incredible health benefits, so how do people know what’s worth trying? Luckily, one recent diet out there may be a little bit more credible than the rest: the Nordic diet. Nutritionists, scientists, and chefs decided to create this diet in 2004 to help
slow obesity rates and unsustainable farming practices in Nordic countries, but it might help residents of the U.S., too! The Nordic diet emphasizes consuming food high in protein, complex carbohydrates, and healthy fats. Fruits, vegetables, and seafood are common on Nordic diet menus, but what separates the Nordic diet from the others is that it uses canola oil, which has less saturated fat than olive oil and other processed options. You’re supposed to eat a decreased amount of sugar and twice the amount of fiber and seafood than a typical diet. Some phenomenal physical health benefits come with switching over to the Nordic diet. It helps reduce inflammation throughout the body and can even reduce your risk of getting Type 2 diabetes, cancer, and heart disease. Many people who tried the diet noticed decreased cholesterol and lower
blood pressure while they followed these guidelines, even saying they lost weight or had an easier time staying in shape. You may have seen the Nordic diet on the news after Noma, a three-Michelin-star restaurant known for its Nordic menu, recently closed in Copenhagen. Food critics and patrons rated this restaurant as one of the best in the world, but the owner found the grueling hours and intense workplace culture unsustainable. So, still wanting to work in the food industry, he converted Noma into a food laboratory. You can change and improve your diet anytime, but experts recommend the Nordic diet for its many health benefits. Make sure you pick up whole grains, fruits, vegetables, fatty fish, and other items next time you go to the grocery store. You’ll be amazed how what you eat can improve how you feel.
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