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Top-Ten Recent SSRN Downloads in Criminal Law eJournal

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are here. The usual disclaimers apply. Rank Downloads Paper Title 1 236 What is an International Crime? (A Revisionist History) Kevin Jon Heller University of London - School of Oriental and African Studies (SOAS) Date posted to database: 10 Sep...

"The Original Meaning of 'Cruel'"

On eve of VP debate, a deep dive into "Tim Kaine’s Long, Conflicted History With The Death Penalty"

Abreast Of Offense

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The law protects a woman’s right to breastfeed, not that it helped Savvy Shukla at the time. Tonight while in Piggly Wiggly with my sister and both my children (the oldest 20mos and the youngest 1month old today) while nursing a Deputy approached me right when I was about to leave and informed that I needed to cover up because someone might find it “offensive” I repeated the law back to him stating that Georgia state law says I can breastfeed however most comfortable wherever I want as long as I’m authorized to be there. He then grows flustered and says “No ma’am that’s not the case.” And I said “No I know what the law says” for him to say: “You just THINK you know what the law says and if your nipple becomes exposed I really don’t want to have to arrest you or you be arrested for being offensive. This isn’t like the first amendment where you can say something offensive.” Of course, the cop was…

NYT: Not One New York Police Officer Has a Body Camera

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NYT: Not One New York Police Officer Has a Body Camera by Joseph Goldstein: The New York Police Department once seemed poised to be an early adopter of body cameras. A federal judge thought the technology could curb unwarranted stops … Continue reading →

Florida Juvenile Who Sent Threats on Twitter Not Guilty of Making Threats Crime

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In Florida, it is a crime to make a threat to kill or cause bodily injury to someone or someone’s family member.  In fact, it is a very serious second degree felony punishable by up to 15 years in prison if the threat is communicated to the victim or his/her family in writing.  With the popularity of social media and sites like Facebook, Twitter and many other sites that allow people to communicate with others over the internet, people should understand that “in writing” includes electronic communications.  Therefore, a person could make a threat over Facebook to kill or injure someone and send it to the other person and face a serious felony charge as a result.  These “written” threats are more serious than verbal threats under Florida law, and of course, generally easier to prove. There are some limitations to this law.  In a recent case near Jacksonville, Florida, a defendant sent out a post on Twitter saying he was…

Training Day: How often do Texas police shoot each other while training?

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Grits contributing writer Eva Ruth Moravec, who has launched the Point of Impact series investigating Texas police shootings of unarmed people, sent out an email today posing the question, "How often do Texas police shoot each other while training?" There were three in the first year data was collected under a new Texas law for FY 2016, including the first in her series of narratives regarding police shooting cases with unarmed victims. Here's the text of her email:One of the 19 Point of Impact shootings took place at a gun range near Dallas, where Irving Police Department's SWAT team was training one day last year. But it was one of three training accidents involving Texas law enforcement last year.While the other two incidents led to disciplinary action, the Irving incident - in which an unarmed training officer was injured - did not. In total, 169 people were shot by Texas law enforcement from September 2015 to September 2016, and 20 percent of those…

HI: Calling police to garage showed no REP there; plain view sustained

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Police summoned to defendant’s house by his 911 call did not intrude on defendant’s subjective or actual reasonable expectation of privacy. A plain view of a hammer as a weapon was thus valid. State v. Phillips, 2016 Haw. LEXIS 234 … Continue reading →

Lessons from the Kardashian Stickup

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This blog may be one of the few publications in the Western world that has never written the word “Kardashian,” but that has now changed. In the stories about the robbery in Paris of Kim Kardashian we found numerous issues that touch on the work we do. After my recent book The Art of Fact Investigation came out in May, a number of people wrote to me and suggested another chapter in the next edition about what people could do to maintain privacy in the face some who may want to dig up facts on them. The easy advice for Kim Kardashian-West: if you are on social media a lot with information about valuable possessions and your whereabouts, criminals will easily learn about your valuable possessions and your whereabouts. Big rings on Instagram? Not a good idea. The super-secret apartment hotel in Paris? With paparazzi following you everywhere, how secret is any place you go? The harder advice both to accept and to act on relates to some speculation in the media that the…

CA11: Police get QI for entry on a civil assist to recover property from former lover’s house

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Police officers had qualified immunity for entry into plaintiff’s home with his estranged lover who came back with the police assist to recover her belongings. Plaintiff’s guns were seized because he was under a domestic abuse injunction to not possess … Continue reading →

Chevron’s Origin Story

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Aditya Bamzai, The Origins of Judicial Deference to Executive Interpretation, 126 Yale L.J. (forthcoming 2017), available at SSRN. Christopher Walker In his concurrence in Perez v. Mortgage Bankers, Justice Scalia reiterated his historical justification for Chevron deference (first articulated in his Mead dissent): “the rule of Chevron, if it did not comport with the [Administrative Procedure Act], at least was in conformity with the long history of judicial review of executive action, where ‘[s]tatutory ambiguities . . . were left to reasonable resolution by the Executive.’” In a must-read article forthcoming in the Yale Law Journal, Aditya Bamzai casts serious doubt on Justice Scalia’s (and many others’) understanding of Chevron’s origin story.1. There is so much to like about this article, and one should really read the full article. But I’ll highlight four main takeaways. Continue reading…

Client Charged with Drug Possession Gets Re Arrested for Assault Upon Release: Both Cases Dismissed

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Not every person learns, behaves, engages, or speaks in the same way. That which makes us different also makes us special. Sometimes our differences are slight while other times they are greater. Sometimes we behave in a certain way while other times it is beyond our control. It is in the context of these latter folks – those who may not always conform to the “norm” due to mental health issues – that this blog entry applies. The New York criminal lawyers at Crotty Saland PC are beyond pleased to share the best criminal defense results we could have achieved for a young person suffering from, among other things, severe anxiety and mental health issues. Charged with Trespassing, Criminal Possession of a Controlled Substance in the Seventh Degree and Unlawful Possession of Marijuana, our criminal attorneys succeeded in securing our client’s release only to this young person get rearrested immediately upon getting out of jail for striking a parent in…

Five Common Fraud Myths

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I’ve been investigating fraud for over two decades. When I first started, financial fraud wasn’t a big topic. In fact, most people had never heard of forensic accounting. Then in 2001 and 2002 everyone became more aware of the issue of fraud when the big frauds of Enron, WorldCom, and Tyco became public. It is now commonplace to hear about corporate frauds involving embezzlement, financial statement manipulation, or kickbacks. Despite this knowledge, there are still many misconceptions about employee fraud. If owners and executives mistakenly believe their company is not at risk, they are probably not actively preventing fraud. Management must know the truth about fraud and its perpetrators in order to actively protect the company. Here are five myths about fraud that I still run into in my forensic accounting practice. They’re often unspoken, and many would never admit that they believe them. However, I know from experience that they run rampant. 1. Our…

Kansas City Librarian Takes A Knee For The Constitution

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Unlike the “discussion” on campus, where no disagreement is tolerated, Steve Woolfolk not only had no problem with pointed questions posed to former-Obama administration diplomat Dennis Ross on the propriety of Israeli conduct toward Palestinians, but intervened to prevent the seizure of Jeremy Rothe-Kushel.  For his defense, he took a knee from a cop and is being prosecuted. The arrests occurred after a provocative question was asked at the question-and-answer period of a May 9 talk by diplomat Dennis Ross. For months, library officials protested that the arrests and charges were a violation of the First Amendment. Off-duty police were hired as security. Why, exactly, isn’t clear, but the library agreed to allow a sponsoring group to provide security in the event of “danger.” The danger, it turned out, was the security. The audience member, Jeremy Rothe-Kushel of Lawrence, was standing still and speaking into a microphone when a private…

Resisting Arrest in Massachusetts

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In Commonwealth v. Hill, the defendant was convicted of resisting arrest in violation of G. L. c. 268, § 32B, larceny in violation of G. L. c. 266, § 30(1), and assault and battery on a police officer. The case arose when a Sears & Roebuck Company loss prevention officer was monitoring the sales floor of the department store and spotted the defendant leaving the store with certain clothing items that were still tagged, not in bags, and without a receipt. The jury could have found the following facts. William Punch, a loss prevention officer employed by Sears & Roebuck Company in Dedham, was watching the sales floor of the department store when he noticed the defendant leaving with multiple un-bagged clothing items that still had tags. He called the loss prevention office, which told him none of these things had been paid for. He followed the defendant as he left the store and called the police from his cell phone as he continued to follow the defendant.…

Sex Crime Penalties in Texas

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Penalties for Sex Crimes in Texas Sex crimes are penalized harshly by the Texas criminal justice system. These offenses are often grouped into the category of violent crimes including assault and robbery. Because these crimes are viewed as especially dangerous by both the public and the judicial system, the penalties for a conviction can be very severe. Sex crimes are unique among other criminal offenses because they can be punished with mandatory sex offender registration in addition to the more common punishments of incarceration and fines. In some cases, a convicted sex offender can be ordered to register on the Texas sex offender list for the remainder of their life. The relative severity of sexually based offenses is the primary factor used in determining the appropriate legal punishment. HAVE YOU BEEN CHARGED WITH A SEX CRIME IN TEXAS? DEFENSE ATTORNEY BRETT A. PODOLSKY CAN HELP PROTECT YOUR RIGHTS. CLICK HERE TO CONTACT HIM TODAY. Common Sex Crimes and Their Penalties In…

Marijuana Possession Cases in Rockwall, Texas

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If you are reading this you probably facing a marijuana case in Rockwall. You aren’t in Dallas anymore Dorothy, when you crossed that county line you actually go back in time 30 years to a time when pot cases mattered. Which means instead of an easy memo agreement (2-month dismissal) you are looking at the possibility of real probation for a bullshit pot case. What’s that mean? Let’s get started. First of all possession of any usable quantity of weed (enough to take a hit on basically) is a class B misdemeanor (up to 6 months in jail!). It’s not a traffic ticket, it’s a real crime, the kind you can go to jail on. Which is one reason you need to start voting, this is ridiculous, other states have repealed their idiotic pot laws and Texas won’t until we get better politicians in office, so vote. Continue reading

Cheating on a drug test in Texas, is that a crime?

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So you have found yourself needing to pass a drug test, but you aren’t quite sure how that will turn out. What to do? A lot of you are working to beat the piss test, and that’s not the focus on this post. This is about what happens if you get caught trying to fake test results. What’s the law in Texas on cheating a drug test? To the health and safety code! Continue reading

UT Prof Bill Deane Takes A Swan Dive Into Gender Chaos Theory

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In the brave new world of campus identity harm, fictitious proper names are just as dangerous as personal pronouns. [Keaton] Wahlbon is enrolled in Professor Bill Deane’s earth science class. Recently, Deane gave the class a quiz, and one of the questions was, “What is your lab instructor’s name? (if you don’t remember, make something good up).” The lab instructor is a kind of teaching assistant, and indeed, Wahlbon couldn’t remember her name. So he wrote in “Sarah Jackson.” “I picked a random generic name,” said Wahlbon in an interview with Reason. What does it mean to “make something good up?” Apparently not “Sarah Jackson” because somewhere, somehow, especially if you get to page 5 of Google, there is an off-chance you will find the name reflecting something that could conceivably, if you squint hard and avoid any use of synapses, be hurtful! And Keaton Wahlbon did exactly that when he made…

Caught on Camera

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Surveillance camera footage of crime scenes often helps law enforcement officers identify an unknown perpetrator. This kind of footage can be equally powerful at trial, convincing jurors that the person depicted in the video is the defendant in the courtroom. There are foundational requirements that the State must satisfy for the display or admission of such evidence, and the state’s appellate courts have reviewed them in a handful of recent cases. State v. Snead. Jeff wrote here about the supreme court’s opinion in State v. Snead, __ N.C. ___, 783 S.E.2d 733 (2016). That case involved the theft of name-brand shirts from a Belk department store. Video footage of the theft was introduced at trial. The state supreme court determined that testimony from the store’s regional loss prevention manager that the recording system was industry standard, was in working order, and the recording shown to the jury was the same one he reviewed was sufficient to…
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