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"Rethinking Punishment: Sentencing in the Modern Age"


"DOJ releases report on racial bias committed by San Fransisco PD"

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From Jurist: JURIST - DOJ releases report on racial bias committed by San Fransisco PD The US Department of Justice (DOJ) [official website] on Wednesday released a report [PDF] on racial bias committed by the San Francisco Police Department in...

Trump Claims Martyr Status in Response to Groping Claims

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Here's Donald, Martyr in Chief, after multiple women have called him out for inappropriate groping: “I take all of these slings and arrows, gladly, for you,” Mr. Trump said to cheers in West Palm Beach. “I take them for our... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Traffic Officer Hit by Car in Lexington, Mass – Alleged Drunk Driving Accident

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A man has recently been arrested after allegedly hitting a traffic officer who was working a detail at a construction site, according to a news report from CBS Boston Local.  A police spokesperson has said the suspect was traveling at a relatively slow speed past the construction site when he allegedly crashed into the traffic officer. The traffic officer was working a night detail.  This when a police officer, state trooper, or traffic officer takes a job on off-duty hours to make extra money.  When you drive down the road and see a police car at a construction site, it is likely an officer working a detail.  In this accident, the man who allegedly hit the traffic officer stayed on the scene and cooperated with investigating officers. When officers interviewed the man, they immediately suspected he had been driving under the influence of alcohol and placed him under arrested for multiple traffic related charges including operating a motor vehicle under the…

//blawgsearch75.rssing.com/chan-6519914/article20505-live.html

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DOES THE USE OF A CLOSED FILE SHARING PROGRAM IN A DISTRIBUTION OF CHILD PORNOGRAPHY PROSECUTION SUPPORT THE IMPOSITION OF A FIVE LEVEL ENHANCEMENT UNDER U.S.S.G. §2G2.2(b)(3)(B) FOR THE RECEIPT, OR EXPECTATION OF RECEIPT, OF A THING OF VALUE?By Mark D. Hosken, Supervisory Assistant Federal Public DefenderThe United States Sentencing Guidelines (USSG) include enhanced punishment for those individuals convicted of a child pornography offense involving distribution.  An increase of five levels is applied if the offense involved distribution of the images for receipt, or expectation of receipt, of a thing of value, but not for pecuniary gain. [USSG §2G2.2(b)(3)(B).]Previous decisions held the expectation of receiving something of value must be contextual.  One might use a file sharing program that enabled free access to files.  Those files were free to view.  There was no sharing for valuable consideration as required under §2G2.2(b)(3)(B). …

Family Of 9 Year Old Boy Files Lawsuit Against New Hampshire Beef Manufacturers

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E. coli, short for Escherichia coli, is a type of bacteria that can be found in the intestines of animals that at times makes its way into certain food products. The bacteria is normally screened for at all stages of food production, however, at times some slips through to the market. When this happens, the companies who detect an outbreak will usually issue a recall before the infected meats or food products can reach a wide community of people. E. coli infection leads to symptoms like vomiting, diarrhea, respiratory illnesses, and more. There are over 73,000 cases of E. coli each year in the United States. These cases lead to over 2,000 hospitalizations and 60 deaths each year. On top of this, there are a multitude of strains of E. coli that plague Americans each year. The Case Of PT Farm The Monks family, residents of York County, Maine, have recently filed a lawsuit against PT Farm of New Hampshire. The case was filed on behalf of their 9 year old son. Earlier this year,…

Not Guilty Verdict For Nanny Accused Of Endangering a Child

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Recently, a family’s nanny become entangled in a very difficult situation when she was criminally charged after an unfortunate incident with a child under her care. While the child in question was crying, another employee allegedly witnessed the young woman attempting to suffocate the child with a cushion. While the child was uninjured, this led [...]The post Not Guilty Verdict For Nanny Accused Of Endangering a Child appeared first on Columbus Criminal Attorney.

Can You Now Have Your Prior DWI Refusal Conviction Removed

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  This week our firm scored a major victory when the Minnesota Supreme Court ruled in our favor in the Thompson case.  It is now settled that Minnesota cannot criminally charge a driver for refusing a urine or blood test.  One of our attorneys, Daniel Koewler, who actually argued the case to the Minnesota Supreme Court, recently spoke with local media outlets about the decision and its future impact on DWIs in the state.   The bottom line is that while the issue of urine and blood test refusals has been put to bed, a new issue has now surfaced: the questionable validity of previous DWI convictions based on refusing a urine or blood test.  If the refusal law is unconstitutional how can these previous convictions stand?   This new challenge to old convictions will depend heavily on the retroactive effect of constitutional rulings.  As we pointed out in our previous blog post, when a law is ruled unconstitutional, it is as if the law never…

Single vehicle injury crash on US91 at milepost 97, near Blackfoot

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 10/14/2016 1:18 p.m. Please direct questions to the District Office On Friday, October 14,2016, at approximately 8:35 a.m., Idaho State Police investigated a single vehicle injury crash on US91 at milepost 97, near Blackfoot. Kirsi Wilcox, 20 of Idaho Falls, was driving 2011 Toyota Prius southbound on I15 near milepost 89, near Blackfoot. Wilcox drove into the median and between two bridges and then vaulted over the embankment. Wilcox landed on US91 below I15 and rolled, coming to rest on the railroad tracks. Wilcox was ejected from the vehicle. Wilcox was wearing her seatbelt at the time of the crash. Wilcox was transported by air ambulance to Portneuf Medical Center. All…

New Drug Policy Alliance reports on "what we know" about marijuana legalization "so far"

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The folks at the Drug Policy Alliance have released this notable new report titled "So Far, So Good: What We Know About Marijuana Legalization in Colorado, Washington, Alaska, Oregon and Washington, D.C." The website provides this summary of the short report's contents: In 2012, Colorado and Washington became the first...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/vIXsk8fAuJ4" height="1" width="1" alt=""/>

Florida Police Officer Improperly Arrests Suspect for Giving False Name

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A recent encounter between a suspect and a police officer near Jacksonville, Florida illustrates that police do not have free reign to question suspects and detain them based on mere suspicions or the fact that they do not like a person’s answers.  In light of recent police shootings and some people’s automatic defense of police regardless of the facts or the relevant law, it seems as if some people believe that it is the obligation of citizens to comply with police no matter how unlawful the police conduct might be. In a recent cocaine possession case, a police officer observed the suspect standing next to a car in the middle of the road.  When the police officer approached, the car fled but the suspect remained on foot.  The police officer asked the suspect his name, and he gave a name that the police officer later determined was a false name.  Once the police officer ran the name and checked with another individual nearby who knew the suspect,…

QUESTION 1 — LEGAL WEED FOR KIDS.

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QUESTION 1 — LEGAL WEED FOR KIDS.Posted by:  Edmund R. FolsomOctober 14, 2016Maine Attorney General Janet Mills says passage of Question 1, the Marijuana Legalization Act, will make it legal for children to possess and use marijuana.  Will it?  Section 2 of the Marijuana legalization Act expressly calls for repeal of 22 M.R.S.A. section 2383(1), the statute that sets forth the current civil offense of possession of a useable amount of marijuana.  Section 2383(1) states “Except as provided in chapter 558-C [the medical marijuana law], a person may not possess marijuana.”  Possession of less than 2 /12 ounces of marijuana is defined as possession of a “useable amount” and is punishable by a civil fine only.  If 22 M.R.S.A. section 2383(1) is repealed, possession of up to 2 ½ ounces of marijuana will no longer be a civil infraction, for anyone.  That is to say, possession of up to 2 ½ ounces of…

Anderson on Use of Deadly Force

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José F. Anderson (University of Baltimore - School of Law) has posted From Fugitives to Ferguson: Repairing Historical and Structural Defects in Legally Sanctioned Use of Deadly Force (Washington University Journal of Law and Policy, Vol. 49, 2015) on SSRN....

***Update***** Single vehicle injury crash on US91 at milepost 97, near Blackfoot

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 10/14/2016 3:10 p.m. Please direct questions to the District Office ********Update Wilcox was not wearing a seatbelt at the time of the crash ********End of update ***** <JH/JDS> On Friday, October 14,2016, at approximately 8:35 a.m., Idaho State Police investigated a single vehicle injury crash on US91 at milepost 97, near Blackfoot. Kirsi Wilcox, 20 of Idaho Falls, was driving 2011 Toyota Prius southbound on I15 near milepost 89, near Blackfoot. Wilcox drove into the median and between two bridges and then vaulted over the embankment. Wilcox landed on US91 below I15 and rolled, coming to rest on the railroad tracks. Wilcox was ejected from the vehicle. Wilcox…

CA5 follows CA6 & CA8: No REP on magnetic strip on back of gift cards

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“The central issue in this case is whether a law enforcement officer’s scanning of the magnetic stripe on the back of a gift card is a search within the meaning of the Fourth Amendment. We join two other circuits in … Continue reading →

Trump apparently has veto power against demonstrations outside his D.C. hotel

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This week, the Washington Post reported that Donald Trump’s lease acquisition of the U.S. government’s Old Post Office building in Washington, D.C., converted the pavilion outside the hotel from a political demonstration-permitted zone to Trump’s fief, where he has the final option to veto any permit to demonstrate there. I anticipate First Amendment-based litigation against this First Amendment-ceding blunder by the U.S. General Services Administration, which handled the deal with Trump. However, regardless of the outcome of such litigation. this GSA blunder is an important lesson to federal, state, and local government of the need to be much more careful against squelching First Amendment free expression rights in the process of enabling commercialization of government-owned property. Dan Tangherlini was the GSA administrator when his agency cut the Old Post Office deal with Trump, who says: “’I think innocently in 2014,…

Michigan City Police and the DEA Announce Federal Drug Distribution Charges Against Several Men

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A recently published local news report discusses the indictment and arrest of seven Chicago-area men for felony federal drug charges after a joint investigation allegedly uncovered a multi-state drug trafficking ring that supplied heroin to drug users in parts of Michigan, Indiana, and Illinois. According to the report, the U.S. Drug Enforcement Administration and police from Michigan City, Indiana cooperated in an undercover investigation that infiltrated the defendants’ alleged drug enterprise and uncovered evidence of a drug trafficking conspiracy. The investigation resulted in seven men being arrested and charged with aiding and abetting a conspiracy to distribute over 100 grams of heroin. Further details of the investigation have not been released, and each of the defendants remains innocent unless and until they are convicted of a crime. The Differences Between State and Federal Drug Distribution Charges The joint investigation discussed in the article was performed…

Attorney Jonathan Dichter to Give CLE Lecture on Reasonable Doubt

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This coming Friday, Attorney Jonathan Dichter will be presenting his lecture "Reasonable Doubt: Blasting Through the Prosecutor’s Case" at the annual Washington Association of Criminal Defense Lawyers misdemeanor CLE program. The full-day program, called “Misdemeanor Go: Mobilizing Your Misdemeanor Defense,” will focus on protecting clients from common misdemeanor charges, such as DUI and domestic violence. Continuing Legal Education, or CLE, events are held by legal organizations and bar associations to foster an educated membership of capable attorneys. Because the law is constantly changing, attorneys are required to attend these events to familiarize themselves with the latest trends, strategies, technologies, and policies that affect their practice area. Attorney Dichter will examine the role reasonable doubt can play in a misdemeanor case and how it can be substantiated and asserted in the courtroom to the defendant's…

California DUI Statistics

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DUI STATISTICS Since 1989, the California DMV is legislatively mandated to produce an annual report that analyzes data regarding driving under the influence of alcohol and/or drugs. The most recent report, the 2015 Annual Report of the California DUI Management Information System, analyzes data from 2003 to 2013. This report gives us an objective look at DUI realities in the state. We can start with the rate of DUI arrests over the ten year span. From 2003 through 2013, the rate of DUI arrests per 100,000 licensed drivers has been fairly consistent at a little under 1%, with a noticeable bump in 2008 and a significant decline in 2012-2013. DUI ARREST RATE (per 100,000 licensed drivers): 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 809 792 786 849 863 906 880 823 752 712 651 If this rate continues to trend lower, then ride sharing could quite possibly have a role in the decrease. Unfortunately, the alcohol-related crash fatalities increased substantially in 2012 and…

New California Law On Law Enforcement Seizing Property

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NEW CALIFORNIA LAW PULLS IN THE REINS ON LAW ENFORCEMENT’S SEIZING OF PROPERTY You have probably heard of civil asset forfeiture but did you know that under this procedure law enforcement can confiscate property—be it money, a house, a vehicle, or any other asset—without any due process to the owner of the property. The property can simply be seized under civil asset forfeiture laws on the “suspicion” that the asset was gained by or used for a criminal enterprise. While the owner of the asset can petition for the return of asset, the petition must be filed within a very short period of time and the process is daunting. In the end, the government can refuse to return the asset on the continuing suspicion that the asset is connected with criminal activity. And guess what: Even if the owner of the asset is never convicted of any crime as it relates to the suspected criminal activity for which the asset was seized, the asset is not returned to the…
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