Being a criminal defense attorney requires a certain amount of creativity when it comes to making legal arguments. I like to think I'm fairly good, but I would have never come up with this argument, via Decision of the Day, against a federal law requiring the collection of blood from felons for inclusion in a national DNA database:
Among Hook’s more creative arguments is his Eighth Amendment claim, for which he offers 'an uncited, but novel assertion that the Founding Fathers would have considered ‘blood extraction’ to be ‘cruel and unusual punishment’ because, purportedly, ‘[v]ampires were feared and vilified’ at the time of the Founding.’'Shockingly,the Seventh Circuit was not persuaded!
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