Thursday, 9.3.15 ON THE WEB: www.yankton.net views VIEWS PAGE: [email protected] PAGE 4 Press&Dakotan The Press Dakotan

The Dakotas’ Oldest Newspaper | Founded 1861 Yankton Media, Inc., 319 Walnut St., Yankton, SD 57078

CONTACT US OPINION OTHER VIEWS PHONE: (605) 665-7811 (800) 743-2968 NEWS FAX: Countering A (605) 665-1721 ADVERTISING FAX: (605) 665-0288 WEBSITE: Nuclear Pakistan www.yankton.net ––––– PITTSBURGH POST-GAZETTE (Sept. 1): Two think SUBSCRIPTIONS/ tanks revealed last week that they believe Pakistan may be produc- CIRCULATION ing 20 nuclear warheads annually, which could put it third in the Extension 104 world, after the United States and Russia, by 2020. [email protected] The research institutions are the Carnegie Endowment for Inter- CLASSIFIED ADS national Peace and the Stimson Center. With U.S. and international diplomacy having focused primar- Extension 116 Thomas E. Simmons [email protected] ily on the nuclear-sanctions deal, the Syrian civil war and the Israeli-Palestinian dispute in recent years, the ongoing frosty NEWS DEPT. relationship between India and Pakistan has not received major Extension 114 world attention. Pakistan cancelled last week the latest scheduled [email protected] round of talks with India, citing India’s insistence on discussing the The Boundaries Of SPORTS DEPT. sensitive Kashmir issue. Pakistan remains the only nuclear-armed Extension 106 Muslim majority state. [email protected] The United States, for its own reasons, has been reluctant to ADVERTISING DEPT. push either side toward peace. With Pakistan it has been the need Extension 122 to retain that country’s cooperation as the U.S. seeks to withdraw [email protected] Double Jeopardy its final troops from Afghanistan, where the Taliban maintains a BUSINESS OFFICE relationship with Pakistan. With India, it has been the need for the BY THOMAS E. SIMMONS The majority of the justices of the Extension 119 United States to improve long-term relations there, particularly in University of Supreme Court affirmed Ballew’s convictions, rea- [email protected] the commercial realm, where more U.S. arms may be sold. soning that because first-degree and second-degree NEW MEDIA: The situation between India and Pakistan is dangerous. Both Late one spring night a few years back, a party assault as defined by Nebraska’s criminal code Extension 136 have nuclear arms. They and Israel are the only three nuclear was going on inside an Omaha house. In the front require proof of different elements (a serious injury [email protected] powers that have not signed the Nuclear Non-Proliferation Treaty. yard, Joshua Ballew stabbed first Marshall Mock, for first degree assault and the use of a dangerous COMPOSING DEPT. Neither India nor Pakistan is a model of stability. Pakistan’s civilians then Tyler Waddell. weapon for second degree assault), no double Extension 129 and military continue their internal tug of war for pre-eminence. Police arrived on the scene. Ballew’s jeopardy violations occurred. [email protected] India’s prime minister, Narendra Modi, has a record of anti-Muslim right hand was bloody and he fit wit- Justice William Connolly dissented. nesses’ descriptions. He was arrested. “[A] court violates Nebraska’s double * * * actions and his government’s authority is being challenged by vari- ous elements. Later, a jury convicted him on all of the jeopardy clause by imposing cumulative MANAGERS The problems between these two countries are not insurmount- counts that the State had alleged. Lancas- punishments if the Legislature has not Gary L. Wood ter County District Judge Stephanie Stacy authorized it,” he wrote. able, but they could benefit from greater U.S. attention. Like many other court decisions , the Publisher imposed sentence. On appeal, Ballew argued that being outcome depended on a close reading of Michele Schievelbein convicted of both first-degree assaults a statute. Accordingly to Justice Connelly, Advertising Director and second-degree assaults for the same the Nebraska Unicameral contemplated a conviction of second-degree assault Jim Gevens ABOUT THIS PAGE stabbings violated his rights against double jeopardy. only when the defendant has been found Circulation Director The View page provides a forum for open discussion of issues and The double jeopardy clause can be Thomas E. not guilty of first-degree assault. “The Tonya Schild interests affecting our readers. Initialed editorials represent the opinion found in the Fifth Amendment to the SIMMONS statute does not permit the fact finder to Business Manager of the writer, but not necessarily that of the PRESS & DAKOTAN. United States Constitution. It states: “nor convict the defendant of both the higher shall any person be subject for the same and lesser degree offenses for the same Tera Schmidt Bylined columns represent the view of the author. We welcome letters on current topics. Questions regarding the Views page should be directed to offence to be twice put in jeopardy of life conduct,” he reasoned. Classified Manager A double jeopardy violation arose — Justice Kelly Hertz at [email protected]/. or limb.” A similar provision is found in Nebraska’s Kelly Hertz state constitution. Connelly concluded — because of the separation Editor Criminal offenders can be punished under more of powers doctrine which allows the courts and than one criminal statute for a single act. Ballew the Legislature to act only within their respec- James D. Cimburek IN HISTORY was also convicted and sentenced for separate tive spheres of authority. Although the Nebraska Sports Editor counts the crime of using a deadly weapon to com- Unicameral could — if it wanted to — permit two By The tice William H. Rehnquist died in Arling- mit a felony. In addition, he was initially charged different assault convictions for a single act, it had Beth Rye Today is Thursday, September 3, the ton, , at age 80, after more than Digital Media Director 246th day of 2015. There are 119 days left three decades on the Supreme Court. with being a habitual criminal. That’s a total of not done so clearly. in the year. Five years ago: Defense Secretary seven counts for two stabbings. Where criminal statutes are ambiguous, a Kathy Larson Today’s Highlight in History: On Robert Gates toured U.S. bases and war Perhaps a more accurate way of describing rule of lenity precludes an interpretation in the Composing Manager September 3, 1783, representatives of zones in Afghanistan, saying he saw and a criminal conviction is to say that a jury found prosecutor’s favor. Instead, ambiguities in penal the United States and Britain signed the heard evidence that the American coun- Treaty of , which officially ended the terinsurgency strategy was taking hold in beyond a reasonable doubt that the individual statutes are resolved in the defendant’s favor. Revolutionary War. critical Kandahar province. The Fox net- committed all of the particular elements of a given And, Justice Connelly noted, “the majority cites On this date: In 1189, England’s King work announced that Kara DioGuardi was offense. For an individual convicted of first-degree no case in which an appellate court has upheld * * * Richard I (the Lion-Hearted) was crowned stepping down as one of the judges on assault, the jury must find that he intentionally convictions of two separate degrees of the in Westminster Abbey. “American Idol,” following the departures caused serious bodily injury to another person. same crime for the same act.” State v. Ballew DAILY STAFF In 1658, Oliver Cromwell, the Lord of Simon Cowell and Ellen DeGeneres. Thus, the jury must find he intentionally caused an Reilly Biel Protector of England, died in London; he One year ago: President Barack now stands for that very proposition. Cassandra Brockmoller was succeeded by his son, Richard. Obama, during a visit to Estonia, harsh- injury, and that the injury was a serious one. In 1868, the Japanese city of Edo was ly condemned Russian aggression in Brandi Bue For an individual to be convicted of second-de- Thomas E. Simmons is an assistant professor renamed Tokyo. Ukraine as a threat to peace. President gree assault, there is no requirement that the injury Rob Buckingham In 1914, Cardinal Giacomo Della Obama also said the United States at the University of South Dakota School of Law Caryn Chappelear Chiesa became pope; he took the name would not be intimidated by Islamic State be serious, but there is an additional requirement in Vermillion. Simmons’ views are his own and Randy Dockendorf Benedict XV. militants after the beheading of American that jury find that the defendant used a dangerous not those of USD. Jeannine Economy In 1923, the United States and Mexico journalist Steven Satloff. A judge sen- instrument (such as a gun or a knife) rather than Rachel Frederick resumed diplomatic relations. tenced Theodore Wafer, a suburban De- just his fists. Jeremy Hoeck In 1939, Britain, France, Australia and troit man who’d killed an unarmed woman Nicole Myers New Zealand declared war on Germany, on his porch instead of calling police, to Robert Nielsen two days after the Nazi invasion of Po- at least 17 years in prison after telling the land, family of 19-year-old Renisha McBride he Diana Smallwood In 1940, Artie Shaw and his Gramercy would carry “guilt and sorrow forever.” David Stephenson Five recorded “Summit Ridge Drive” and Today’s Birthdays: “Beetle Bailey” Cathy Sudbeck “Special Delivery Stomp” for RCA Victor. cartoonist Mort Walker is 92. Actress JoAnn Wiebelhaus In 1951, the television soap opera Anne Jackson is 90. Actress Pauline Col- Brenda Willcuts “Search for Tomorrow” made its debut on lins is 75. Rock singer-musician Al Jar- Coping With Don-Don Alissa Woockman CBS. dine is 73. Actress Valerie Perrine is 72. In 1967, the original version of the Rock musician Donald Brewer (Grand television “What’s My Line?,” Funk Railroad) is 67. Rock guitarist Steve * * * hosted by John Charles Daly, broadcast Jones (The Sex Pistols) is 60. Actor Steve its final episode after more than 17 years Schirripa is 58. Actor Holt McCallany is 51. Published Daily on CBS. Rock singer-musician Todd Lewis is 50. BY KATHLEENAnd PARKER The Trumpetteshowever. Trump’s fans aren’t just pokes look- Monday-Saturday In 1976, America’s Viking 2 lander Actor Charlie Sheen is 50. Singer Jen- © 2015, Washington Post Writers Group ing for entertainment. They also include many touched down on Mars to take the first nifer Paige is 42. Dance-rock musician Periodicals postage close-up, color photographs of the plan- Redfoo (LMFAO) is 40. Actress Ashley well-known conservative purists. How does a paid at Yankton, South et’s surface. Jones is 39. Actress Nichole Hiltz is 37. WASHINGTON — The Trump riddle continues staunchly pro-life advocate support a man who Dakota, under the act of In 1989, a Cubana de Aviacion jetliner Actor Joel Johnstone (TV: “The Astronaut to compel: How has he managed to successfully was recently pro-choice and who has said, albeit March 3, 1979. crashed after takeoff in Havana, killing all Wives Club”) is 37. Actor Nick Wechsler execute such a mass deception? when asked, that his sister, a judge who ruled 126 aboard and 45 people on the ground. is 37. Rock musician Tomo Milicevic (30 in favor of partial-birth abortion, would make Weekly Dakotian In 1995, the online auction site eBay Seconds to Mars) is 36. Actress Christine He’s by no definition a conservative, and yet established June 6, 1861. was founded in San Jose, , by Woods is 32. Actor Garrett Hedlund is 31. he continues to plow ahead of all but a “phenomenal” Supreme Court justice? Yankton Daily Press and Pierre Omidyar under the name “Auction- Olympic gold medal snowboarder Shaun the other least likely presidential nomi- Much of this puzzling support Dakotian established April Web.” White is 29. Hip-hop singer August Alsina nee, Ben Carson, who has tied Trump comes from conservative talk radio. As Ten years ago: President George W. is 23. in . Straight talk? Old hat. Tall and BuzzFeed posted recently, “You can al- 26, 1875. Bush ordered more than 7,000 active duty Thought for Today: “In the arts, Postmaster: Send forces to the Gulf Coast as his adminis- the critic is the only independent source commanding? So is LeBron, let’s elect most listen to pro-Trump news all day.” address changes to Yankton tration intensified efforts to rescue Katrina of information. The rest is advertising.” him. Smart and accomplished? Born When answers seem elusive -- and Daily Press & Dakotan, survivors and send aid to the hurricane- — Pauline Kael, American movie critic lucky and benefited from bankruptcy. overturned pebbles reveal only dirt 319 Walnut, Yankton, SD ravaged region in the face of criticism it (1919-2001). Reporters have turned over leaves and worm trails -- we fall back on 57078. did not act quickly enough. U.S. Chief Jus- and pebbles in search of clues, even re- cliches, one of which seems especially cently interviewing faculty at Trump’s apt today: Follow the money. * * * alma mater, the Wharton School. While In Trump’s own words from an MEMBERSHIPS FROM THE BIBLE demurring on Trump’s politics, profes- Kathleen interview with , The Yankton Daily And He said to them, “Take care, and be on your guard against all sors commended his marketing skills — “When you give [money], they do what- Press & Dakotan is a short sentences, simple ideas, control ever the hell you want them to do.” member of the Associ- covetousness, for one’s life does not consist in the abundance of his of the conversation and, therefore, the PARKER And, in the GOP debate: “With ated Press, the Inland possessions.” Luke 12:15. Portals of Prayer, Concordia Publishing media. Hillary Clinton, I said be at my wedding Daily Press Association House, St. Louis. Marketing, after all, is a system and she came to my wedding. You and the South Dakota know why? She didn’t have a choice because I Newspaper Association. of deceptions organized around a product or The Associated Press LETTERS TO THE EDITOR idea, in this case Trump to conservatives who gave ... to a foundation.” is entitled exclusively either aren’t really conservative or are willingly Perhaps it’s time to award Trump the title he to use of all the local Freight-Western Office, Abate, seduced because, oh, it just feels so good to deserves — Don Donald Trump, or just Don-Don news printed in this A Terrific Parade hear one’s innermost thoughts expressed so for short. And then one must ask, who else owes newspaper. Yankton VFW Post 791 Honor him? Riverboat Days Parade Committee Guard and other Honor Guards, virulently. (Wayne and Jolene Williamson, Into this category falls Trump’s recent tirade Fans boast that Trump is so rich, he’ll * * * Yankton Public School District, against Huma Abedin, known as Hillary Clinton’s never be beholden to anyone. Maybe. But just SUBSCRIPTION Doug and Katie Feimer, Joy Ellis, Yankton High School Band, pa- closest adviser and even better as Anthony Wein- as important, who is beholden to him? Other RATES* Jeff and Connie Hines, Dale Maki, rade judges and announcers. er’s wife. Trump liberated his inner Chris Rock, politicians? Members of the media? Insiders (Payable in advance) Leah Merkwan, Curtis and Renae It is rewarding to see Yankton calling Weiner “a perv” and mock typing Weiner’s whisper that some media folks have received CARRIER DELIVERY Brooks, Adam and Abby Goeken, and the surrounding communi- infamous tweets. free memberships to Trump’s Palm Beach club, 1-month...... $12.09 Jon Zavadil, Jim Chesley, Andy and ties come together to sponsor As his audience guffawed, Trump questioned Mar-a-Lago. Such a gift doesn’t necessarily buy 3 months...... $36.27 Jen Holst, and Kevin Watt.) such a great family fun-filled the likelihood of Weiner’s not being privy to clas- favorable coverage, but one wouldn’t be silly for 6 months...... $72.53 The 2015 Riverboat Days weekend. We would like to sified State Department information via his wife. thinking so. 1-year...... $133.09 Parade theme was “Red, White thank all that watched and that Now that’s funny. Trump doesn’t care what state Meanwhile, Trump’s kerfuffle with Fox News’ MOTOR ROUTE & Blue. We Salute You.” We entered the parade. The 2015 secrets Weiner knows. Trump wants people to Megyn Kelly seems in retrospect almost to have (where available) had 143 outstanding entries parade awards went to: associate the “perv” with Hillary Clinton. been manufactured. First, Kelly asks a legitimate 1 month...... $14.51 question about Trump’s intemperate remarks decorated to match the theme, • Commercial Division — 1. Similarly, he wants to associate murderous 3 months...... $43.53 Future Look Salon 2. Rounding illegal immigrants with Jeb Bush. A recent Trump about women; he attacks; she goes on vacation 6 months...... $87.05 the parade route was packed campaign video challenging Bush’s immigration and returns; he attacks again. Ratings! Polls! Now and there was an unbelievably Third Bar 3. Rupiper Tours 1 year...... $139.14 • Vehicle Division — 1. comment that people come here illegally as Fox News hosts are urging, as if reading from a MAIL IN RETAIL great effort made by the people an “act of love” (to find work to support their script, that Trump focus on the issues — be- Trade Zone and businesses of the Yankton Yankton Antique Auto 2. Robert cause he’s sooo great on the issues — and leave Nissen 3. Denis Fokken families) features three grisly hombres in the U.S. 1-month...... $16.93 area. It was the perfect event to illegally who have been charged with murder. our Megyn alone. 3 months...... $50.79 honor those that have served • Non-Profit Division — 1. One has been convicted. Trump knows he has the world over a barrel. 6 months...... $101.57 and those that are serving this Yankton Area Chamber of Com- “Love?” the text reads. “Forget love. It’s time His opponents fear him because he gave them 1-year...... $148.82 great country. merce; 2. Yankton United Way to get tough!” money. His party fears him because he might run MAIL OUTSIDE Thank you to all those that and Volunteer Services; 3. Avera Genius. Trump is a human handler extraordi- as an Independent. We should all fear a presi- RETAIL TRADE ZONE helped make the 32nd annual Sacred Heart Hospital; 4. Yank- naire — the jet-set equivalent of the black-hatted dential candidate who perfumes the air with red 1 month...... $19.35 parade a total success. The ton Elks; 5. B-Battery 1-147th fellow who wheeled his cart into tumbleweed meat and is prepared to collect on his debts. 3 months...... $58.05 committee would like to thank National Guard towns. He doesn’t just sell snake oil. He milks the It’s time for Trump’s fellow candidates to 6 months...... $116.09 A big thanks goes out to all. venom from the gathering throng of willing be- forget love — and get tough. 1-year...... $186.33 the City of Yankton especially the Police, Parks and Street We all look forward to the 2016 lievers, then bottles it up and sells it right back * Plus applicable sales tax Kathleen Parker’s email address is kathleen- for all rates Departments, Kmart, Unclaimed parade and hope to see you to them. Delicious with raw meat. there. There’s something curious about this crowd, [email protected].