With large numbers of people getting their information primarily from alternative media, mostly on the Internet, the prosecution side of criminal law may need to rethink how it approaches cases and public opinion. Tony Saavedra writes in the Orange County (CA) Register:It's a standard line in almost any Hollywood legal drama: A prosecutor tells a herd of reporters he won't answer a question because "I don't want to try this case in the court of public opinion." In real life, that premise might be changing. Go to YouTube this week and punch in the words "Orange County District Attorney and Kenneth Clair" and you'll find a legal drama playing out almost exclusively in the court of public opinion. On one side is the first in a series of short videos from the District Attorney's Office explaining why it thinks there should be no new trial, or any leniency for Clair, who in 1987 was convicted of the murder three years earlier…
Should Internet Claims About Cases Be For One Side Only?
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The Right Way to Find the “Under Supervision” Prior Record Level Bonus Point
A person convicted of a felony is eligible for an additional prior record point if “the offense was committed while the offender was on supervised or unsupervised probation, parole, or post-release supervision, or while the offender was serving a sentence of imprisonment, or while the offender was on escape from a correctional institution.” G.S. 15A-1340.14(b)(7). I call that point the “under supervision” bonus point. Though part of the defendant’s prior record level, the point is probably best thought of as an aggravating factor. A recent court of appeals case reminds us why. In State v. Crook, the defendant was convicted of several felonies. He had only one prior conviction that counted for a sentencing point—a DWI. He was apparently still on probation for that when he committed the felonies at issue in Crook, because he was also assessed the “under supervision” bonus point. That gave him two points, putting him in prior record…
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California Law Enforcement Investigation
The Brave New World of Law Enforcement Investigation The digital age has changed everything in the world around us and law Enforcement is no exception. Back in the old days, police investigation procedures were limited to talking with potential witnesses, taking lots of photographs, lifting fingerprints, forensic analysis of blood, and that sort of thing. Now law enforcement has investigation tools that make their job easier and make it harder for the criminal to “get away with it.” But these tools present their own dangers to the public. As civil rights advocates warn, the brave new world of law enforcement tools endanger our civil liberties. I will discuss why this may be so in my next post but today, let’s review just a few of the new age law enforcement tools. We might begin with DNA analysis, which was no doubt the first huge law enforcement tool of the digital age. We are all familiar with DNA analysis, but it’s pretty amazing to think that it has…
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Cusack & Waranius on Visual Detection of Sex Offenders
Carmen M. Cusack and Matthew E. Waranius (Nova Southeastern University and Independent) have posted Visual Detection of Sex Offenders and Consequential Biases Among Christians (10 Journal of Law and Social Deviance 44 (2015)) on SSRN. Here is the abstract: Appearance...
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COLLEGE STUDENTS AND DRUNK DRIVING
When parents send their kids off to college one of their biggest concerns is drunk driving. We worry that even though little Johnny or Suzie never got into trouble in high school, they might find the new-found freedom and new friends too much to resist. It is no secret that drinking is a big problem on college campuses. But what about drunk driving? One thing we can be sure of is that this generation is more aware of the dangers and consequences of driving while intoxicated than previous generations were. But that doesn’t always stop the teenaged brain, especially one that is influenced by alcohol or other drugs, from making poor decisions. Hopefully, their decisions will not be as stupid as the Texas A & M freshman who recently ran smack into a cop car while driving under the influence of alcohol. But wait, it gets better. Why did she hit the cop car? Well, she was busy taking a nude snapchat photograph of herself driving to send to her boyfriend. Yes, college…
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On Jury Nullification
Over on my comic, reader Martenzo this morning asked: While this is off-topic for the current chapter, I got curious after reading about the recent Bundy acquittal in Oregon. Are you ever going to cover jury duty in greater detail, and will you mention jury nullification? Are you, as a lawyer, even allowed to admit jury nullification is a right that exists? Without discussing the Bundy case (because I haven’t thought it through, frankly), I dashed off a quick reply. While tapping away at the keyboard, it occurred to me that the reply really belonged here on the blog, instead. Especially since I’ve kind of let the blog slide to the back burner (then off the stove entirely) this year. I didn’t go back and read over my answer before clicking “submit.” It may well be cringeworthy. But everything on this blog is a first draft, too—it’s always been raw and unedited. So in keeping with tradition, I’m going to cut-and-paste my response…
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In Florida, Statements Made to a Police Officer Investigating an Auto Accident Are Not Generally Admissible in Court
In Florida, we have a law commonly known as the accident report privilege. In all crashes that involve an injury or significant property damage, the police officer responding to the crash must prepare a crash report that documents information about the crash and the people involved. When a person is involved in an auto accident in Florida, that person must remain at the scene and provide certain information to the responding officer. One can see how a duty to remain at the scene of the crash and provide information to the police might conflict with a person’s right to remain silent if there might be criminal implications to the crash. Some crashes obviously involve criminal activity, such as driving under the influence of alcohol or drugs, hit and run and/or driving with a suspended license. People have a right to remain silent rather than make incriminating statements to the police. In order to reconcile this conflict, the Florida accident…
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DID YOUR CAR COMMIT A CRIME? THE ILLINOIS LAW ON FORFEITURE
After you were arrested for DUI or another offense, the state took a look at your expensive car. Maybe the car really belonged to an innocent third party. In any case, the state wants to keep it. Can they do that? What can you do? Illinois criminal law allows the state to seize a vehicle, including a car, boat or airplane, involved in a crime. The state files a civil forfeiture action against the vehicle itself, and thus the property would be listed as the defendant. Under the Illinois Seizure Law, the state may seize any vehicle used with the owner’s knowledge and consent in the commission of a crime. Such crime may include arson, robbery, predatory sex offenses, murder, kidnapping, drug offenses, gambling, DUI and stalking. The property must have helped facilitate the offense in some way. Within 14 days of a seizure, the state must request a preliminary hearing for the court to determine if there is probable cause to seize the property. The owner need not be…
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Battle on the Ballot
CJLF Legal Director Kent Scheidegger and Attorney Donald Heller speak on KFBK Radio about opposing death penalty initiatives on the November ballot: Prop 62, which would repeal the death penalty, and Prop 66, which would expedite executions.Listen to the debate here.
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Halloween Pranks Can Lead to Trouble
Halloween is a busy night for law enforcement. Teenagers and college students can easily find themselves on the wrong side of the law when a seemingly harmless prank goes too far. Toilet papering or egging: “TPing” or egging someone’s house may…Read more ›
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GETTING YOUR CAR BACK: THE ILLINOIS LAW ON FORFEITURE
After you were arrested for a drug or another offense, the state took a look at your expensive car. Or maybe police found drugs in your boat or plane. Maybe that car, boat or plane really belonged to an innocent third party. In any case, the state wants to keep it. Can they do that? What can you do? Illinois criminal law allows the state to seize a vehicle, such as a car, boat or airplane, involved in a crime. The state files a civil forfeiture action against the vehicle itself, and thus the property would be listed as the defendant. Under the Illinois Seizure Law, the state may seize any vehicle used with the owner’s knowledge and consent in the commission of a crime. Such crime may include arson, robbery, predatory sex offenses, murder, kidnapping, drug offenses, gambling, DUI and stalking. The property must have helped facilitate the offense in some way. Within 14 days of a seizure, the state must request a preliminary hearing for the court to determine if…
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News Scan
Obama Grants 98 More Commutations: President Obama commuted the sentences of 98 federal inmates Thursday, bringing his total number of commutations to 872, more than the previous 11 presidents combined. Dave Boyer of the Washington Times reports that of the inmates granted clemency, 19 committed crimes with firearms, 42 had life sentences for drug offenses, 11 had convictions of trafficking at least 11 pounds of cocaine and several others were convicted of being a felon in possession of a firearm. Earlier this month, Obama commuted the sentenced of another 102 prisoners. This year alone, Obama has granted clemency to 688 prisoners.La. Man to Face Death Penalty: The Jefferson Parish district attorney's office announced Thursday that it will pursue the death penalty against a Louisiana man, marking the second capital punishment case the office announced in a two week period, following a three-year lull. The New Orleans Time-Picayune…
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As Election Season Looms, More Criminal Law Reforms Signed into Law
While Prop. 47 has been in the headlines with all the reforms in California criminal law, Governor Jerry Brown has quietly signed yet another group of criminal reform laws effective in 2017. Last week, Brown signed into law: S.B. 1134: sponsored by Sens. Mark Leno (D-San Francisco) and Joel Anderson (R-San Diego), would allow prisoners to challenge their convictions with new evidence that would have likely have changed the outcome of their trials, easing the current standard of proof that requires near-certain proof of innocence. A.B. 813: sponsored by Assemblywoman Lorena Gonzalez (D-San Diego), would allow immigrants facing deportation for criminal convictions to offer newly discovered evidence that they were wrongfully convicted. Those eligible are those who have served his or her sentence. S.B. 1139: sponsored by Sens. Steve Glazer (D-Orinda) and Ed Hernandez (D-West Covina) will require police to record all interrogations of murder suspects. These recordings can be used by…
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Criminal Clown Craze Sweeping the Nation
For weeks now, news outlets and social media alike have been swamped with stories of people dressed as creepy clowns engaging in questionable activities. In some cases, the perpetrators have reportedly attempted to lure children into vehicles or taken part in other disruptive behaviors. A more significant portion, however, have taken to the Internet and posted videos of themselves dressed as clowns and engaging in cyberbullying and other threatening behavior. This and worse has been happening, which now has the whole country and even the world embroiled in a confused and renewed fear of clowns. Concerning Clowns Reports of creepy clowns have been popping up all across the country in recent months. They started in Greenville County, South Carolina, in mid-August, quickly began appearing in Florida, and then spread to thirty-six other states and even other continents. There have been very few actual arrests, and many reports have turned out to hoaxes, but public unease is…
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Recent Arrest a Reminder of Strengthened Racketeering Laws
Maryland police have made numerous arrests in connection with what appears to be a real-life mob operation, and racketeering charges are now pending against numerous members of the gang. Real Life Gang Story Police allege that the gang, known as MMP, controlled numerous streets and neighborhoods in Baltimore, engaging in a drug trafficking ring. The indictment alleges that the group managed “shops,” where they would distribute illegal drugs. One such shot is believed to be a BP gas station. Continue reading
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If You Have Your Mind Made Up
Dear Readers, Have any of you visited a career counselor? These folks take a look at your personality via long questionnaires, and make career recommendations based upon the results. Let’s say you have no personality and don’t like people–you could become a doctor. I’ve encountered several with rather poor bedside manners. I’ve had friends whose fantasy career path involves gynecology, and these guys are the very folks you do not want to see on the other end of those stirrups. Everyone has that friend whose mind dwells in the gutter, and that can get annoying if you’re sober. What’s worse is those friends who know everything. I’m annoyed by people who think they’ve got it all figured out. I’m not just annoyed, but I find it boring, like, where’s your sense of adventure? And, knowing it all radiates a certain condescension, the likes of which you only…
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WaPo: The Volokh Conspiracy: The Fourth Amendment and email preservation letters
WaPo: The Volokh Conspiracy: The Fourth Amendment and email preservation letters by Orin Kerr: When investigators learn that a target of a criminal case has an email account with a known address, it is common for them to send a … Continue reading →
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Two People Arrested After Attempting To Carry Firearms Into Disney Parks
Two people were arrested at Walt Disney World in separate incidents Monday after authorities say they tried to enter two Disney parks with firearms. A 23-year-old Alabama woman and a 61-year-old Louisiana man face charges of carrying a concealed weapon. According to the Orange County Sheriff’s Office, the woman had a loaded .380 caliber gun in her backpack. A bag-checker at the entrance to Disney’s Animal Kingdom found the gun. Her concealed weapons permit apparently expired in January. The man was arrested at Epcot. His weapon was found after a Disney security officer selected him for a random metal detector screening. Both face a charge of carrying a concealed weapon. Disney bans guns from its parks, and even guests with weapons permits can face trespassing charges. According to Florida law, a person who carries a concealed weapon or electric weapon or device commits a first-degree misdemeanor. If that weapon is a firearm, the charge increases to a third-degree…
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Glory Hounds
Alex Bunin is a badass, to begin with. He is a talented administrator, a great lawyer, and a kind and humble human being. Whoever nominated him as a candidate when Harris County was considering forming a public defender’s office deserves a medal. The Dispute over Writs Nobody but Judge Mary Lou Keel knows how the dispute between Keel and the Harris County Public Defender’s Office really began, but it burst out in July of 2014 when Keel wrote a letter to Mac Secrest, the chairman of the Harris County Public Defender Board of Directors complaining about the Public Defender’s Office “seeking to represent people without court appointment and offering legal services to people who have hired attorneys and have not been found indigent” in post-conviction writs. The technical word for this is “bullshit”: The PD’s Office was not working on any cases without appointment. It was not seeking to represent people without court…
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Tonry on Police Data
Michael Tonry (University of Minnesota - Twin Cities - School of Law) has posted What Should We Expect from Police Data: Can They Tell Us Whether Crime Rates Rise or Fall? Cahiers—Police Studies (Forthcoming) on SSRN. Here is the abstract:...
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